AUTHORIZING EXECUTION OF GRANT AGREEMENT TO PARTIALLY FUND THE PURCHASE OF A CONSERVATION EASEMENT ON PROPERTY KNOWN AS THE DOMIN FARM IN THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK AND REALLOCATING FUNDS THEREFORE

ENVIRONMENT RESOLUTION NO. 2025154 RE: AUTHORIZING EXECUTION OF GRANT AGREEMENT TO PARTIALLY FUND THE PURCHASE OF A CONSERVATION EASEMENT ON PROPERTY KNOWN AS THE DOMIN FARM IN THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK AND REALLOCATING FUNDS THEREFORE Legislators D'AQUANNI, HOUSTON, PAOLONI, GORMAN, CASWELL, and KAUL offer the following and move its adoption: WHEREAS, Dutchess County is considering a recommendation of the Dutchess County Planning Board (Resolution No. 01/2022) for an award in an amount not to exceed $424,005 in grant funds available through the Dutchess County Partnership for Manageable Growth Program (the "Program"), and this award shall partially fund the purchase of a conservation easement, to be held by the Dutchess Land Conservancy (the "Conservancy"), on approximately +/- 201 acres of property known as Domin Farm, (Tax Grid Numbers: 6362-04-671168, 6462-03-030054, 6362- 04-844138 and 6462-03-047082), located on Freedom and Rombout Roads, in the Town of LaGrange, Dutchess County, New York, and WHEREAS, a real estate appraisal completed by Al DeKrey dated March 27, 2025, which is on file with the Clerk to the Legislature, supports the purchase price as it values the Easement at approximately $4,000 per acre for a total purchase price of $805,148; the total cost of the project is $864,048 which includes closings costs, and WHEREAS, as a result of the Dutchess Land Conservancy's organizing efforts and an application to the Program, the U.S. Department of Agriculture's Natural Resources Conservation Service (USDA NRCS) shall contribute up to $381,143, the Dutchess Land Conservancy shall contribute up to $58,900, and Dutchess County • Partnership for Manageable Growth shall contribute up to $424,005, for a total contribution of up to $864,048, and WHEREAS, the Easement shall provide, among other things, that it shall be held by the Conservancy which shall assume primary responsibility to monitor and enforce said easement; that the County shall have third party enforcement rights and the right to share proportionately in the proceeds which would become available upon extinguishment of said easement, if ever, and WHEREAS, the proposed Grant Agreement is subject to various contingencies including approval and acceptance of the Easement and related closing documents (e.g. survey, title report and insurance) by the County, and receipt by the Conservancy of the necessary funding as outlined above, and WHEREAS, Resolution 2019303, a Bond Resolution, authorized the issuance of $2,525,000 serial bonds of the County for acquisition of parcels of land, or rights or interests in such land, for active and/or passive park purposes and the preservation of open space and farmland, and RESOLVED, that the County Executive, or her designee, is hereby authorized to execute the Grant Agreement in substantially the same form as attached hereto, and any other related documents that may be necessary, and be it further, and RESOLVED, that the County Executive is authorized to take such actions as are necessary and consistent with the requirements of the Dutchess County Partnership for Manageable Growth Program to complete the acquisition contemplated herein, including minor revisions to the documents, if necessary, and be it further RESOLVED, that as a result of the adoption of Resolution 2019303, funds are now available in the Capital Projects Account H0547, and have been reallocated to partially fund the purchase of a conservation easement in the amount of $864,048, on property known as the Domir Farm, and be it further RESOLVED, that to provide for expenses for the above referenced Project, the Commissioner of Finance, as appropriate, is hereby authorized, empowered and directed to amend the 2025 Adopted County Budget as follows: APPROPRIATION Decrease H0547.8020.3006 Easement-Conservation ($424,005) Increase H0547.8020.3006.7029 Domin Farm $424,005 CA-124-25 LDF/rj R-1084 9/15/25 Fiscal Impact: See Attached. APPROVE Que Serio SUSAN J. SERINO COUNTY EXECUTIVE DEA 10/16/25 STATE OF NEW YORK SS: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the forgoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 14th day of October 2025, and that the same is a true and correct transcript of said original resolution and of the whole thercof. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 14th day of October 2025 I ACe, RK OF THE MOSI. NURIE: FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ Total Current Year Revenue $ and Source Source of County Funds (check one): Existing Appropriations, Contingency, • Transfer of Existing Appropriations, • Additional Appropriations, • Other (explain). Identify Line Items(s): H0547.8020.3006.7029 - Easement-Conservation Domin Farm Related Expenses: Nature/Reason: Amount $ - Anticipated Savings to County: Net County Cost (this year): Over Five Years: Additional Comments/Explanation: Requesting the Legislature authorize the execution of a grant agreement concerning a grant from the Partnership for Manageable Growth (PMG) to facilitate the purchase of a conservation easement on +/- 201-acres known as Domin Farm located in the Town of LaGrange. The total (not to exceed) cost of the easement is $864,048. $424,005 will be from the Dutchess County Partnership for Manageable Growth (PMG) Program, USDA NRCS and the Dutchess Land Conservancy will provide the balance of funds. Dutchess County will receive a conservation easement on the property, to conserve viable agricultural land by preventing the conversion of the property to non-farm uses. It should be noted that this is below the initial award amount of $461,041 made in March of 2023. The source of County funds is Capital Account H0547, a bond approved by Dutchess County Legislature Resolution No. 2019303, to support the Partnership for Manageable Growth (PMG) Program. Prepared by: Clayton Gurnett Prepared On: 9/2/2025 Dut.pdf SUE SERINO COUNTY EXECUTIVE EOIN WRAFTER, AICP COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PLANNING & DEVELOPMENT To: Gregg Pulver, Assistant County Executive From: Eoin Wrafter, Commissioner of Planning and Development Re: Partnership for Manageable Growth Resolution Request: Domin Farm Date: September 2, 2025 Enclosed is a Resolution Request for inclusion on the October agenda of the Legislature, requesting the Legislature authorize the execution of a grant agreement with respect to a grant from the Dutchess County Partnership for Manageable Growth (PMG) grant program, to partially fund the purchase of a conservation easement on approximately 201 + / - acres known as Domin Farm, in the Town of LaGrange, in partnership with USDA NRCS and the Dutchess Land Conservancy. The Primary Purpose of this easement is to conserve viable agricultural land by preventing the conversion of the property to non-farm uses. The total (not to exceed) cost of the easement is $864,048. $424,005 will be from the Dutchess County Partnership for Manageable Growth (PMG) Program, USDA NRCS and the Dutchess Land Conservancy will provide the balance of funds. The source of County funds is Capital Account H0547, a bond approved by Dutchess County Legislature Resolution No 2019303. 85 Civic Center Plaza, Suite 107, Poughkeepsie, NY 12601 | (845) 486-3600 | Fax:(845) 486-3610 dutchessny.gov COUNTY OF DUTCHESS William F.X. O'Neil County Executive March 1, 2023 Rebecca Thornton Dutchess Land Conservancy PO Box 138 Millbrook, NY 12545 Dear Ms. Thornton: We are pleased to inform you that Dutchess County has awarded $461,041 in matching funds through the Partnership for Manageable Growth Program for the following project: Purchase of development rights to +/- 201 acres known as Domin Farm. County funding is contingent upon the following: procurement of matching funds, administrative tasks including but not limited to survey, title search, and baseline documentation pursuant to the negotiation of an agricultural conservation easement; and development of a Monitoring Agreement between Dutchess County and the Dutchess Land Conservancy. We appreciate the longstanding partnership between the County and the Dutchess Land Conservancy and look forward to the successful completion of the farmland preservation project at the Domin Farm. The Department of Planning and Development will contact you to begin the contract process within the next few weeks. If you have any questions, please feel free to contact Eoin Wrafter at (845) 486-3616 or email him at [email protected]. Sincerely if Clich William F.X. O'Neil Dutchess County Executive Michael Polasek Dutchess County Legislator, District 3 C: A Gregg Pulver, Chairman, Dutchess County Legislature Chris Baiano, Assistant County Executive Eoin Wrafter, Commissioner, Department of Planning & Development Erin Hoagland, Dutchess Land Conservancy 22 Market Street, Poughkeepsie, New York 12601 • (845) 486-2000 • Fax: (845) 486-2021 dutchessny.gov DUTCHESS COUNTY PLANNING BOARD RESOLUTION NO 01/2022 RECOMMENDING THREE APPLICATIONS FOR CONSIDERATION THROUGH THE PARTNERSHIP FOR MANAGEABLE GROWTH (PMG) PROGRAM WHEREAS, by Resolution No. 990382, Dutchess County established the Open Space and Farmland Protection Matching Grant Program and authorized the Dutchess County Planning Board to review applications for and recommend awards of said funds; and WHEREAS, by Resolution No. 201276, Dutchess County revised the Matching Grant Program to create the Dutchess County Partnership for Manageable Growth and to increase potential matching grant awards from a maximum of one-third to a maximum of one-half of the total cost of the acquisition of development rights on farmland preservation and open space acquisition projects; and WHEREAS, by Resolution No. 2015183, Dutchess County revised the Partnership for Manageable Growth, as follows: (a) funding clarification; (b) removal of the requirement that the County be "last in" for funding; (c) addition of a preliminary review option; (d) clarification of differences between "open space" and "farmland protection" projects; (e) stipulation that there will be no retroactive funding; (f) passive recreation only; and (g) establishment of criteria for the Municipal Planning Grants; and WHEREAS, by Resolution No. 2018085, Dutchess County revised the Partnership for Manageable Growth Water and Wastewater Facility Planning and Development Grants, by removing the Dutchess County Water and Wastewater Authority ownership and operation requirement; and WHEREAS, by Resolution Nos. 2019303 & 2021189, Dutchess County authorized the issuance of $2,525,000 & $1,515,505 (respectively) Serial Bonds of the County of Dutchess to pay the cost of the acquisition of parcels of land, or rights or interests in such land, for passive park purposes and the preservation of Open Space and Farmland in and for said county; and WHEREAS, in September 2022 the Dutchess County Planning Board received three applications for matching grant funds for the acquisition of agricultural conservation easements on a total of 277 acres; and WHEREAS, the total cost of the three farm conservation easements, including the administrative costs associated with finalizing the acquisitions, is estimated to be $1,574,018; and WHEREAS, the owners of the properties have signed letters of intent stating their interest in selling the development rights on the properties and granting a conservation easement restricting or limiting future non-farm development on said property; and WHEREAS, the farmland properties are included in an Agricultural Priority Area identified in the 2015 County Agricultural and Farmland Protection Plan; and WHEREAS, the Board finds that each of the three applications met or exceeded the program criteria; and WHEREAS, the Board has reviewed the three applications based on the program criteria, toured the sites, and subsequently prioritized the projects as shown in Attachment A; and RESOLVED, that the Dutchess County Planning Board recommends that up to $787,009 of the total project costs described above, be awarded for the acquisition of development rights on the three farms, based on the following contingencies: 1) Completion of administrative tasks including but not limited to survey, title search, and baseline documentation pursuant to the negotiation of an appropriate conservation easement; 2) Negotiation of an agricultural conservation easement conveying the development rights on the Farm property to the appropriate land conservancy, with such rights in New York State, Dutchess County, and the Town as appropriate for program purposes and restricting the future use of the property under easement to agriculture-related uses; or 3) Development of a Monitoring Agreement between Dutchess County and the appropriate land conservancy for the purpose of enforcing the provisions of the conservation easement acquired with Partnership for Manageable Growth Program funds; 4) Completion of review and approval of the proposed acquisition by the Dutchess County Legislature in its capacity as Lead Agency under the State Environmental Quality Review Act (SEQRA), and be it further RESOLVED, that an implementation team consisting of representatives from the appropriate land conservancy, the landowners, the Dutchess County Attorney's Office, the Dutchess County Department of Planning and Development, and others as appropriate to complete administrative tasks associated with the acquisition, will be established for the purpose of completing the acquisition. Hans Klingzahn, Chair James Nelson, Vice Chair Gary Baright Phil DeRosa Dale Culver Ryan Arket Edith Greenwood J. Patrick Lambert Ken Migliorelli Jill Way Frederick Wilhelm J. Randall Williams Vacancy Absent - Approved by the Dutchess County Planning Board 11/9/2022 Date PB Score Project Title 148.1 Domin Farm 141.8 Plan Bee Farm Brewery 153.4 Sinon Farm Category Farmland Farmland Farmland Acreage Location 201 Town of LaGrange 25 Town of Poughkeepsie 52 Town of Hyde Park 277 Attachment A Partnership for Manageable Growth 2022 Applications Summary Total Project DCPMG, Applicant NYSDAM Cost Request Funds funds Other Funds Other Funds Source $922,082 $461,041 $0 $456,041 $5,000 Dutchess Land Conservancy (DLC) $211,398 $105,699 $0 $100,699 $5,000 Dutchess Land Conservancy (DLC) $440,538 $220,269 $0 $215,269 $5,000 Dutchess Land Conservancy (DLC) $1,574,018 $787,009 $0 $772,009 $15,000 Applicant DLC DLC DLC Cost Per % of Acre PMG $4,598.45 50% $8,455.00 50% $8,504.59 50% 11/21/2022 Conservation Easement Deed of Conservation Easement THIS CONSERVATION EASEMENT ("Easement") is granted this 2025, by STANLEY J. DOMIN and JAY S. DOMIN, with mailing addresses of 55 Mountain Road, Pleasant Valley, New York, 12569 and 37 Mountain Road, Pleasant Valley, New York, 12569, respectively (the "Grantors") to DUTCHESS LAND CONSERVANCY, INC., a New York not-for-profit corporation having an office at 4289 Route 82, Millbrook, New York, 12545 and a mailing address of Post Office Box 138, Millbrook, New York, 12545 (the "Grantee"), and with a right of enforcement to the United States of America (the United States), acting by and through the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) on behalf of the Commodity Credit Corporation (CCC). WHEREAS: A. Grantors are the Owners of certain real property (the "Protected Property") consisting of approximately 201.287 acres, in four (4) tax map parcels located on Freedom and Rombout Roads in the Town of LaGrange, Dutchess County, New York, more fully described in the legal survey description of the property ("Exhibit A") and shown on the Easement Map ("Exhibit B"), both attached hereto and as depicted on a survey map titled "Survey Map of Conservation Easement on the Domin Property", prepared by Kirk K. Horton, Licensed Land Surveyor, dated December 20, 2024 and last revised on January 10, 2025, and filed in the Dutchess County Clerk's Office on as Filed Map No. , and attached hereto as "Exhibit C" B. Grantee is a New York not-for-profit conservation organization within the meaning of Article 49, Title 3 of the Environmental Conservation Law of the State of New York (together with any successor statute, the "ECL"), is organized for, among other purposes, conserving real property, is a tax exempt and qualified organization within the meaning of Sections 501(c)(3). 509(a) and 170(b)(1)(A)(vi) of the Internal Revenue Code (the "Code"), and is a "qualified organization" to accept, purchase, and hold conservation easements under Section 170(h) of the Code and Treasury Regulation Section 1.170A-14(c). C. The Protected Property meets the criteria for acceptance of easements of the Grantee and is in close proximity to other private land which is already permanently protected by the Grantee. D. Article 14, Section 4 of the New York State Constitution states: "The policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. Section 49-0301 of'the ECL states: "The legislature hereby finds and declares that in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and manmade resources, the preservation of open spaces, the preservation, development and improvement of agricultural and forest lands, ..., is fundamental to the Page 1 of 42 F. H. maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state:" Article 25-AAA, Section 321 of the Agriculture and Markets Law of the State of New York (AML) states: "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture," the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics. The Protected Property is actively farmed and is located in the Hudson Valley. The 2016 New York State Open Space Conservation Plan prepared by the Department of Environmental Conservation, the Office of Parks, Recreation and Historic Preservation, and the Department of State (the "NYS OS Plan") identifies farmland in the Hudson Valley as a "vital component of the New York City/Hudson Valley "Foodshed'" due to its potential to provide fresh local foods and "bolster food security of the New York City metropolitan region and the Hudson Valley". The NYS OS Plan refers to priority farmland clusters of important agricultural areas as shown in a 2013 report generated by Scenic Hudson, Inc. titled Securing Fresh, Local Food for New York City and the Hudson Valley: A Foodshed Conservation Plan for the Region and the Dutchess County Agricultural and Farmland Protection Plan adopted by Dutchess County in 2015. The Protected Property is located within the Dutchess County priority areas. The NYS OS Plan also identifies protection of turtle conservation sites along Fishkill Creek, Sprout Creek, Housatonic River, Great Swamp and Wappinger Creek drainage basins as a regional priority conservation project. These wetlands and associated uplands provide habitats for a high diversity of turtles including some of New York's most imperiled species (bog turtle and Blanding's turtle). The Protected Property is located in an area identified as a Significant Biodiversity Area (SBA) in the Wildlife and Habitat Conservation Framework: An Approach for Conserving Biodiversity in the Hudson River Estuary Corridor, (the "Conservation Framework") produced in 2006 by New York Cooperative Fish and Wildlife Research Unit at Cornell University, and New York State Department of Environmental Conservation, Hudson River Estuary Program. The Dutchess County Wetlands SBA is a network of wetland complexes that provide important habitat for a variety of uncommon amphibian, reptile, and bird species. The biodiversity associated with the Dutchess County Wetlands SBA is primarily threatened by suburban expansion and pollution, and to address this, the Conservation Framework recommends protecting wetlands, their buffer zones, and wildlife corridors that connect these habitats. The Comprehensive Wildlife Conservation Strategy Plan ("the CWCS Plan") prepared by New York State Department of Environmental Conservation identifies the arca in which the Protected Property is located as the Upper Hudson Basin, an ecologically vital area with high Page 2 of 42 J. K. plant and wildlife diversity across a landscape that includes grasslands and agricultural habitats. The CWCS Plan identifies grasslands as critical habitats for New York State's Species of Greatest Conservation Need (SGCN). The Protected Property contains upland meadow grassland habitat associated with agricultural areas. Grassland habitat is described in the CWCS Plan as being both natural and human created areas that support grassland species of conservation concern. Work done by the NYS DEC and New York Natural Heritage Program (NYNHP) for the Grassland Reserve Program (USDA Farm Bill) indicates that there are significant grassland habitats and associated plant and animal communities (c.g., butterflies, birds) throughout the Hudson River corridor. Furthermore, areas with significant amounts of agriculture in the Hudson Valley (Dutchess County) can provide habitat for grassland- dependent species. The CWCS Plan also identifies the top prominent hazard in the Hudson Valley as being habitat loss and fragmentation and encourages the use of easements as a land protection mechanism. The Protected Property is located within Dutchess County, which adopted an Agricultural and Farmland Protection Plan in March 2015. The Plan recommends that Dutchess County and its partners "Continue to purchase the development rights on key farm properties - through multiple funding partners including federal, state, and local government, and local land trusts." and also recommends identifying "opportunities to create and/or build upon existing core areas of preserved farmland in cach of the County's farming communities. " The Plan also emphasizes the strong farmland conversion pressure that exists in Dutchess County, which can result in "a loss of farm production, open space, and loss of agricultural jobs..." The Protected Property is located within an Agricultural Priority Area in the Plan and the priority areas containing farmland are identified as being important for prescrvation. The Dutchess County Legislature adopted the County Master Plan, Directions, in 1988. Directions emphasizes the preservation of prime agricultural soils, steep slopes, and wetlands and encourages open space land uses and the protection of scenic resources. Policy 4.4 supports efforts to maintain the vitality, and increase the diversity of agricultural enterprises in the county. Policy 4.5 supports local land use management techniques that serve to protect agricultural lands, especially within the agricultural districts. Policy 5.14 advocates the protection of wetlands and their buffers from development activities. Policy 5.15 encourages municipalities to preserve their 100-year floodplains by prohibiting uses that either interfere with the flood-carrying functions of the floodplain, create safety hazards, or increase the risk of property damage. Policy 5.16 supports measures to preserve the county's prime and important agricultural soils. Policy 5.19 advocates the preservation of steep slopes and ridgelines. Policy 5.20 advocates the preservation of the county's scenic resources and significant natural areas. Policy 5.22 encourages the use of forest management practices that are compatible with forest conservation and enhancement. Policy 5.23 encourages the protection and recognition of uncommon or especially-sensitive forest resources, such as hemlock groves, forests with particularly large trees, beech woods, and the woodland buffers around water bodies, wetlands and roadways. Policy 5.24 encourages the preservation of woodland "greenbelt" corridors through communities, especially along streams, floodplains, wetlands, and other sensitive areas, to provide recreational space, wildlife habitat, natural buffers and aquifer protection. Policy 7.11 encourages the provision of open space areas and Page 3 of 42 L. M. N. greenbelt corridors as a fundamental land use that is carefully planned as part of the land use pattern. Policy 7.13 discourages the subdivision of prime and important agricultural soils and large forested tracts into lots which preclude the future use for agriculture and forestry. Policy 11.3 encourages the use of innovative development techniques, such as planned unit development, conservation casement and cluster subdivision, to provide recreational areas and facilities at minimal public cost. Policy 11.18 encourages the maintenance of open space as a technique for preserving unique ecological features, such as floodplains, wetlands, steep slopes and major aquifers. Directions recommends low density development to prevent degradation of the area's rural, natural and scenic characteristics through subdivision and development; Policy 11.21 supports the use of conservation casements to preserve open space in rural areas. The Protected Property is located within Dutchess County's Agricultural District #21, created pursuant to Article 25-AA of the New York State Agriculture and Markets Law (the "AML"). Section 300 states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results. ... It is, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products. ... It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance:" The Protected Property is located within the Hudson Valley, as described in Chapter 6, Biological Resources and Biodiversity of Dutchess County, written in October 2010 by Mary Ann Cunningham, Neil Curri, and Robert Wills for the Natural Resource Inventory of Dutchess County (the "Dutchess NRI"), a 2010 collaborative project of Cornell Cooperative Extension Dutchess County (CCEDC) Environment and Energy Program, Cary Institute of Ecosystem Studies, Dutchess County Department of Planning and Development, Dutchess County Environmental Management Council (EMC) and Vassar College Environmental Research Institute. The Hudson Valley EcoRegion in Dutchess County extends along the entire western boundary of the county, encompassing all or most of the area of cach municipality along the Hudson River. The Hudson Valley consists of plains broken by hills and terraces, with a narrow floodplain along the Hudson River. Common land uses include pasture and cropland, deciduous forest, mixed deciduous and evergreen forest, major urban, suburban, and rural residential land. Priority habitats identified in the Hudson Valley EcoRegion include tidal aquatic communities, contiguous forest, wetlands, grasslands (including pasture), and streams, most of which can be found on the Protected Property. The Dutchess NRI recommends the use of conservation casements as a component of a habitat conservation strategy. The Protected Property is located within the Town of LaGrange which adopted a Comprehensive Plan (the "Comprehensive Plan") on July 13, 2005, and includes in its "Vision for LaGrange" that the Town will protect, improve, and preserve its natural resources and the integrity of its farmland. The Comprehensive Plan identifies objectives to address land use, conservation and open space needs which include identifying and preserving open space and agricultural uses through a variety of techniques including the use of conservation casements. Page 4 of 42 O. P. Q. S. In addition, the Comprehensive Plan recommends that the Town should promote the protection of vital wildlife habitat. The Domin Farm contains valuable habitat and a documented population of a New York State threatened species. The farm also falls within the Town's Farm Preservation Zone Overlay District, which includes USDA Soil Conservation Service Class 1 or Class Il farmland, classifying these soil types as having the least limitations on their use, and is intended to protect agricultural lands from development. The Town of LaGrange adopted an Open Space Plan on June 13, 2007 which underscores their commitment to the preservation of open space and their dedication to safeguarding the rural character of the Town. A primary goal of the Open Space Plan is to preserve large "core" areas of farmland. The Domin's land is specifically mentioned on page 26 of the Open Space Plan as being in the highest priority area for farmland protection within LaGrange as they are in the area with the largest "critical mass" of agricultural lands. Community survey responses to the Open Space Plan indicate overwhelming support of the importance of conservation of the rural character and open space resources, with active farmland as a top priority for conservation. Residents want to especially conserve farmland and water resources, both of which are characteristic of the Domin property. The Protected Property consists primarily of productive agricultural land. The Protected Property contains approximately 65 acres of prime soils, and approximately 60 acres of soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. The Protected Property is in the watershed of the Wappinger Creek, a tributary of the Hudson River. The Natural Resource Management Plan for the Wappinger Creek Watershed, prepared by the Dutchess County Environmental Management Council, Dutchess County Soil and Water Conservation District, Wappinger Creek Watershed Planning Committee, and the Dutchess County Water Quality Strategy Committee states that the watershed is entirely contained within Dutchess County and drains 134,87l acres (210 square miles) in 11 towns. The Watershed Plan identifies overdevelopment as a top ten threat to the Wappinger Creek watershed and recommends the use of conservation easements to protect wetlands that serve as filtration for the watershed. The Protected Property contains approximately 34 acres of Freshwater Wetland No. PV-16, PV-17, and PV-71, Class I wetlands, and PV-18, a Class 3 wetland, designated pursuant to Article 24 of the Conservation Law for the protection of water quality and for minimizing adverse impacts of adjacent development on fragile wetland ecosystems. The Protected Property also contains approximately 25 acres of wetlands designated on the National Wetlands Inventory by the United States Department of the Interior. The policy of New York State, as set forth in Title 5, Article 15 of the Conservation Law, is to preserve and protect the state's lakes, rivers, streams and ponds. The Protected Property contains 857 feet of a tributary to the Wappinger Creek, a Class B stream (H-101-9), which has been classified by the New York State Department of Environmental Conservation according to its best use for swimming and other recreation, and fishing, and 2,223 feet of a sub-tributary of Page 5 of 42 the Wappinger Creek, a Class C stream (H-101-7-4), which has been classified by the New York State Department of Environmental Conservation according to its best use for fishing. This classification helps to meet the goals of the Federal Clean Water Act and encourages continuous protection to keep the stream clean for the future. Approximately 18 acres of the Protected Property lies within a 100-ycar flood plain as designated by the Federal Emergency Management Agency. U. This property contains riparian areas, mapped by the New York Natural Heritage Program for the Statewide Riparian Opportunity Assessment. They are delineated around streams based on digital elevation data, known wetlands, and modeling for the 50-year flood zone. Riparian areas are adjacent to streams, ponds, wetlands, and other waterbodies and generally include the floodplain. They are sensitive transition zones between land and water and can improve water quality, attenuate flooding, and provide important wildlife habitat. V. The Protected Property contains approximately 120 acres of forest lands that are part of a relatively unbroken tract of forest lands that extend for hundreds of acres and represents valuable habitat as a contiguous forest. W. The Protected Property contains habitats that are likely to be important for sustaining known occurrences of rare terrestrial and wetland animals as well as important bat foraging arca. The New York Natural Heritage Program recommends proactive planning to minimize or avoid impact to these habitats and encourages the use of land protection, including conservation casements, as a key strategy to protect rare and declining species. X. Dutchess County is a municipal corporation with an address at 22 Market Street, Poughkeepsie, New York (the "County"), The County has authorized a grant through the Dutchess County Partnership for Manageable Growth Grant Program to partially fund the purchase of this Conservation Easement. The grant is in the amount of Four Hundred Sixty-One Thousand, Forty-One Dollars ($461,041) and as a condition to the County's participation, the County is granted a third-party enforcement right in this Easement and a right to claim a portion of the proceeds resulting from an extinguishment of this Easement as provided in Section 31 below. Y. Grantors have received independent legal and financial advice regarding this Easement to the extent that Grantors have deemed necessary. Grantors freely sign this Easement in order to accomplish its purposes. Z.. This Easement is acquired with funds provided, in part, under the Agricultural Conservation Easement Program (ACEP) 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468 for the purpose of protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses that negatively affect the Agricultural Uses and conservation values of the Protected Property (the "Purpose of the Easement"). AA. Baseline conditions of the Protected Property are set forth in a Baseline Documentation Report, a copy of which is maintained in the files of the Grantee. Page 6 of 42 STEE NOW, THEREFORE, in consideration of the foregoing, Bight Hundred Forty-Two Thousand, One Hundred Eighty-Four Dollars ($842, 184) and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: 1. Grant of Conservation Easement. Grantors hereby grant and convey to Grantee a conservation easement (the "Easement"), an immediately vested interest in real property defined by Article 49 of Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Protected Property in perpetuity. Grantors will neither perform, nor knowingly allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained herein. Grantors authorize Grantee to enforce these covenants in the manner described 2. Purposes of this Easement. The primary purpose of this Easement is to protect the Agricultural Use and future viability, and related conservation values of the Protected Property, by limiting nonagricultural uses that negatively affect the Agricultural Uses and conservation values of the Protected Property. Additional purposes of this Easement include: to conserve the scenic, open, wooded, and natural character of the Protected Property and to protect the quality of its steep slopes, woodlands, prime and important farmland soils, streams and wetlands, habitat, and scenic quality by restricting development and use of the Protected Property. The Grantors and the Grantee intend that this Easement will confine the use of the Protected Property to activities that are consistent with the Purposes of this Easement and will prohibit and prevent any use of the Protected Property that will materially impair or interfere with the Purposes of this Easement. 3. Implementation. This Easement shall be implemented by limiting and restricting the non-agricultural development and non-farm use of the Protected Property in accordance with its provisions. The Protected Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of'its provisions shall not unreasonably restrict or regulate Agricultural Operations in contravention of the purposes of Article 25-AA of the AML. 4. Definitions. 4(a). "Accessory Apartment:" Dwelling unit containing complete housekeeping facilities, including kitchen and bathroom facilities for one family, located within a Principal Residence, Accessory Structure or Agricultural Structure, and that is subordinate or accessory to, and located on the same lot as, the Principal Residence. 4(b). "Accessory Residence:" Residential Dwelling that is detached and separate from the Principal Residence and Farm Labor Housing, that is subordinate and secondary to the Principal Residence and located on the same lot, and that is typically used to house farm operator/manager, tenants, or guests of the Owner. 4(c). "Accessory Structure:" Structure that is incidental and subordinate to the Principal Page 7 of 42 Residence and which is not intended for human habitation (unless it includes an Accessory Apartment), including but not limited to, a shed, garage, swimming pool, related changing facility, lean-to, woodshed, sculpture, indoor recreational court, outdoor recreational court, well house, and gazebo. 4(d). "Agricultural Land Easement Plan": A conservation plan that complies with 7 Code of Federal Regulations Part 12 pertaining to all highly erodible cropland on the Protected Property. 4(e). "Agricultural Operation:" As defined pursuant to Article 25-AA of the AML, or such successor law as enacted or amended. In the event that this definition or all of Article 25-AA (and all such successor laws) shall be repealed, then the definition existing at the time of repeal shall serve thercafter. 4(f). "Agricultural Structures and Improvements:" Structures or Improvements built for the purpose of, or utilized for, Agricultural Uses. Agricultural Structures and Improvements include, but are not limited to, customary barns, sheds, greenhouses, Run-in Sheds and other animal shelters and equestrian facilities. An Agricultural Structure may contain facilities or uses directly related to Agricultural Use, such as a farm office and bathroom facility, but may not be used for human habitation except as specifically permitted by this Easement. 4(g). "Agricultural Tourism:" As defined in Article 25-AA of the AML, or such successor law as enacted. In the event that this definition or all of Article 25-AA (and all such successor laws) shall be repealed, then the definition existing at the time of repeal shall serve thereafter. 4(h). "Agricultural Use:" Those activities necessary to: (i.) produce "Crops, Livestock and Livestock Products"; or (ii.) use the Protected Property as an "Agricultural Operation" to the extent permitted by this Easement; or (iii.) be actively enrolled in any federal or state or local program whose intent is to temporarily suspend (for a specified period of one or more years or crop seasons) the production of Crops, Livestock and Livestock Products for the stipulated purpose of soil and water conservation, wildlife habitat, or similar conservation purpose; or manage the Protected Property or a portion thereof in a fallow or otherwise idled manner. 4(i). "ALE Program:" The United States Department of Agriculture Natural Resources Conservation Service Agricultural Land Easement Program which is a federal funding source for farmland protection and the purchase of conservation casements. 4(j). "Baseline Documentation Report:" A report evidencing the present condition of the Protected Property at the time of the closing of this Easement. Page 8 of 42 4(k). "Commercial Uses:" Any use or activity undertaken for business purposes, including, but not limited to, the Agricultural and Forestry Uses permitted herein. Membership Clubs and activities in which obtaining financial benefit is incidental to the purpose of the activity, such as hobbies, shall not be considered Commercial Uses. "Crops, Livestock and Livestock Products:" As defined pursuant to Article 25-AA of the AML, or such successor law as enacted or amended. In the event that this definition or all of Article 25-AA (and all such successor laws) shall be repcaled, then the definition existing at the time of repeal shall serve thereafter. 4(m). "Educational Uses:" Environmental and other outdoor educational programs, including the study and enjoyment of plants, birds, wildlife, geology, soils, water, and other natural outside features. "Environmental Law:" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection, and similar environmental health, safety, building, and land use as may now or at any time hereafter be in effect. 4(0). "Farm Labor Housing:" Dwellings or Structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm Owner and/or operator, the worker is an essential employee of the farm Owner and/or operator employed in the operation of the farm and the farm worker is not a partner or Owner of the Agricultural Operation. For instance, a structure used as the primary residence of a farm Owner and/or operator is not "Farm Labor Housing". 4(p). "Footprint Area:" The area of a Structure at the horizontal ground plane measured along the exterior walls of a Structure. In the case of a Structure or Improvement that is not enclosed by walls, the Footprint Area shall be the total area covered by Impervious "Forestry Uses:" Gathering, cultivating, maintaining, harvesting or managing forests, woodlands, or tree plantations for timber, firewood or other products or for water quality, wildlife habitat and other conservation purposes. See Section 16 4(г). "Grantee:" The original Grantee and its successors and assigns. 4(s). "Grantors:" The original Grantors and their heirs, successors and assigns. 4(t). "Hazardous Materials:" Any petroleum, petroleum products, fuel oil, waste oils, Page 9 of 42 explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution, or substance that may pose a present or potential hazard to human health or the environment. 4(u). "Height:" The measurement from the natural mean grade (prior to construction or grade alteration) to the top of the Structure or Improvement. Natural mean grade shall be calculated by averaging the natural grade at the highest and lowest points of the building's proposed footprint. In the case of a Structure or Improvement with a roof, the top of the Structure or Improvement, exclusive of chimneys, shall be considered the top of the roof line and measured accordingly. 4(w). 4(x). 4(z). "Impervious Surfaces:" Structures, Improvements and materials that permanently cover soil resources and do not allow water to percolate into the soil. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; Structures whose principal purpose is to protect soil and water resources, such as manure storage areas; and Structures and Improvements lacking permanent foundations. As used herein, "permanent foundations" are defined to be any continuous hardened surface (e.g., concrete, asphalt, or other similar stabilizing material) that is attached to, placed on or inserted in the ground and that underlies such building, Structure or Improvement. "Improvement:" Anything, temporary or permanent, that is constructed, installed or placed on, over, under or across the Protected Property (including a Structure as defined herein), and shall include, but is not limited to, driveways, farm roads and woods roads, trails, bridges, parking areas, ponds, wells, septic systems, drainage ways, and utility lines. The term "Structure" is one type of Improvement. "Industrial Uses:" Commercial Uses that involve the manufacture, assembly, treatment, processing, or packaging of products. Industrial Uses shall not include Agricultural Uses, Forestry Uses, or Rural Enterprises as permitted by this Easement. "Institutional Uses:" Uses that provide services and/or accommodations to groups of unrelated individuals on a non-profit or for-profit basis for specific commercial or non- commercial purposes, including but not limited to hospitals, assisted living facilities, nursing homes, prisons, juvenile detention facilities, monasteries, retreat centers, religious worship and educational facilities, schools, universities, research institutes, conference centers, educational facilities, and mental health facilities. "Invasive Species:" A plant, animal or other organism that is not native to an ecosystem whose introduction causes or is likely to cause economic or environmental harm, or harm to human health. 4(aa). "Owner" Any individual or entity, including any heir, successor or assign, of any legal or equitable interest in all or any portion of the Protected Property, and any party entitled Page 10 of 42 to the possession or use of all or any part thereof. 4(bb). "Principal Residence:" The primary or main Residential Dwelling on the Protected Property, typically occupied by the Owner and family when the Owner is in residence on the Protected Property. 4(cc). "Recreational Structures:" Structures used for passive recreational activities such as an open air pavilion, gazebos, picnic shelters, board walks for nature trails, viewing platforms, hunting platforms, observation blinds, bridges, docks, benches, storage facilities, tree houses, swimming pools, tennis courts, and other Structures and Improvements which are reasonably necessary for the use and enjoyment of the Protected Property. 4(dd). "Recreational Uses" Lawful personal or commercial activities including, but not lunited to, hunting, fishing, cross-country skung, camping, horseback riding and snowmobiling. Recreational Uses shall not include golf courses and ranges. 4(ce). "Renewable Energy Facilities:" Structures or Improvements for the generation of energy from renewable resources including, but not limited to, wind, solar, hydroelectric, methane, wood, biomass and alcohol. 4(ff)."Residential Dwelling" Dwellings or Structures, together with accessory Improvements that comprise single-family, multi-family, apartments, "in-law" apartments, guest houses and Farm Labor Housing, whether or not the Structure(s) are used as the primary residence of a farm Owner and/or operator. 4(gg)."Residential Uses:" Use of the land by the Owner, or other persons permitted by the Owner, for living on the Protected Property full-time, part-time, seasonally, and/or occasionally, in Residential Dwellings that are permitted by this Easement. 4(hh). "Run-in Shed:" A three-sided shed with an open front and an carthen floor that provides horses and other farm animals with a temporary shelter from weather elements. 4(ii). "Rural Enterprises" Commercial activities conducted on the Protected Property, which are clearly incidental, secondary, and subordinate to the Agricultural Use of the Protected Property, and are owned by, and primarily operated by, the Grantors and other residents of the Protected Property, with limited outside employees, including, but not limited to, professional office, home office of salesperson, artist's studio, arts instruction, bed and breakfast, crafts production and sales, computer repair, small engine repair, firewood distribution, and beauty salon. 4(jj). "Sound Agricultural Practices" Practices used for on-farm production, preparation, and marketing of agricultural commodities that do not cause bodily harm or property damage on or off the farm, achieve the intended results in an ecologically sound and reasonable manner, and are in compliance with applicable laws. Page 11 of 42 4(kk). "Structure:" Any building or object, temporary or permanent, with or without anchors or foundations, constructed, installed or placed on, over, under or across the Protected Property and shall include but is not limited to a Residential Dwelling, barn, garage, shed, Renewable Energy Facility, porch, deck, recreational court and swimming pool. "Structure" is a type of Improvement. 4(II). "Telecommunications:" The transmission, receipt, or exchange of information through the use of technology involving the Protected Property and any other location. 4(mm). The following "Use Areas" are defined for the Easement: "Farmstead Area" Area depicted on Exhibit B, that centers on existing farm Structures "Resource Protection Area" The areas depicted on Exhibit B that contain unique or special natural features including, but not limited to, streams, wetlands, habitat or steep slopes and their supporting buffer lands. "Farm Area" The remaining area of the Protected Property, as depicted on Exhibit B, which Exhibit may be revised from time to time pursuant to Section 30 ("Amendment of Easement") of this Easement. 5. Restrictions Applicable to the Protected Property. By this Easement, the Grantors agree to restrictions that apply to the entire Protected Property as set forth in this Easement. The Grantors may take some actions without prior notice or approval as permitted by this Easement, and may take other actions only after giving the Grantee prior notice and/or obtaining the Grantee's prior permission, as set forth herein. No Structures or Improvements shall be built, expanded or replaced anywhere on the Protected Property except in compliance with this Easement. All Structures and Improvements allowed by this Easement may be expanded or replaced consistent with the restrictions set forth in this Easement and may be reconstructed if damaged, razed or destroyed. If the Grantors remove or raze any Structure or Improvement, and do not build a new Structure or Improvement in the same location, the Grantors shall stabilize the site with suitable vegetation. 6. Use of Protected Property. Except as provided specifically herein, the Protected Property shall be used solely for Residential, Agricultural, Recreational, Educational, and Forestry Uses. Commercial Uses of the Protected Property shall be limited to commercial Agricultural Use, commercial Forestry Use, and Rural Enterprises that are consistent with the Purposes of this Easement. No Institutional Use of the Protected Property is permitted except with the prior permission of the Grantee. Industrial Uses of the Protected Property are prohibited. The provisions of this Easement and associated exhibits will not be interpreted to restrict the types of Agricultural Operations that can function on the Protected Property, so long as the Agricultural Operations are consistent with the long-term viability of the Protected Property and the Purpose of Page 12 of 42 the Easement. No uses will be allowed that violate Federal laws, including Federal drug laws, or that decrease the Easement's protection for the Purpose of the Easement. Allowed uses of the Protected Property include the specific uses allowed in other sections of this Easement and the following activities, subject to the qualifications stated below: Agricultural Production - The production, processing, and marketing of livestock and agricultural products compatible with the Purpose of the Easement are allowed provided these activities are conducted in a manner consistent with the terms of the Easement and the Agricultural Land Easement Plan. See Section 8. Forest Management and Timber Harvest - Forest management and timber harvesting are allowed, provided these activities are carried out, to the extent practicable, in accordance with current, generally accepted best management practices for the sites, soils, and terrain of the Protected Property. See Section 16. On-Farm Energy Production - Renewable energy production is allowed for the purpose of generating energy for the agricultural and residential needs of the Protected Property. Renewable Energy Facilities must be built and maintained within Impervious Surface limits and consistent with the Purpose of the Easement. See Section /3(i). 7. Reserved Rights Retained by Grantors. Grantors reserve all customary rights and privileges of ownership subject to the terms of this Easement, including the right of exclusive use, possession and enjoyment of the Protected Property and, the rights to sell, lease, mortgage, and devise the Protected Property. In addition, Grantors reserve other rights compatible with the Purposes set forth in Section 2 ("Purposes of this Easement") that are not specifically prohibited or limited by this Easement and which do not unreasonably restrict or regulate Agricultural Operations. Nothing in this Easement relieves Grantors of any obligation with respect to the Protected Property or restriction on the use of the Protected Property imposed by law, and nothing in this Easement shall require Grantors to take any action to restore the condition of the Protected Property from damage or change that could not be reasonably anticipated by Grantors or that is beyond Grantors' reasonable control and occurs without Grantors' fault or negligence, including but not limited to natural disasters such as carthquakes, hurricanes or floods or to political or social upheavals such as wars or riots. 8. Right to Use Protected Property for Agricultural Uses. Grantors have the right to engage in Agricultural Use of the Protected Property and to use the Protected Property as an Agricultural Operation provided that processing, marketing or retailing of Crops, Livestock and Livestock Products and similar activities involving processed products associated with crops or livestock are not permitted on the Farm Area. As used in this Section 8. "processing" shall not include boiling maple sap, grinding or mixing of materials to produce feed for livestock kept on the Protected Property or on other properties owned or operated by the Grantors, or similar non-industrial activities provided that any such "processing" shall be conducted on a de minimus portion of the Farm Area. Said farming practices shall be carried out and Page 13 of 42 conducted in accordance with Sound Agricultural Practices and the following described Agricultural Land Easement Plan. The Grantee shall prepare an Agricultural Land Easement Plan (the "ALE Plan") in consultation with the Grantor and as needed NRCS. The Grantee agrees to update the ALE Plan, in consultation with the Grantor and as needed, NRCS, in the event the agricultural uses or ownership of the Protected Property change. A copy of the current ALE Plan is kept on file with the Grantee. The ALE Plan shall include a conservation plan that complies with 7 CFR Part 12 pertaining to all highly erodible cropland on the Protected Property. If the NRCS standards and specifications for highly erodible cropland are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor and Grantee to develop and implement a revised conservation plan. 9. Right to Use Protected Property for Rural Enterprises. Grantors have the right to operate lawful Rural Enterprises, subject to the limitations set forth in this Easement, including Section 13 ("Construction of Buildings and Other Improvements"). In all cases, such Rural Enterprises must be compatible with the Purposes of this Easement and subordinate to the Agricultural Use of the Protected Property. 10. Right to Use Protected Property for Recreational and Educational Uses. Grantors retain the right to use the Protected Property for Recreational and Educational Uses, subject to the limitations set forth in this Easement, including Section 13 ("Construction of Buildings and Other Improvements"). In all cases, Recreational and Educational Uses must be compatible with the Purposes of this Easement and subordinate to the Agricultural Use of the Protected Property. 11. Limitations on Nonagricultural Uses. Any activities inconsistent with the Purpose of the Easement are prohibited. The following activities are inconsistent with the Purpose of the Easement and are specifically prohibited subject to the qualifications stated below: 11(a). Subdivision. Separate conveyance of a portion of the Protected Property or division or subdivision of the Protected Property is prohibited. The Protected Property is currently comprised of four (4) tax map parcels owned by Grantors. Grantors shall maintain such parcels comprising the Protected Property, and all interests therein, under unified ownership (whether joint or undivided), as though a single parcel. Even though the Protected Property consists of more than one parcel for real estate tax or any other purpose or if it was acquired previously as separate parcels, it will be considered one parcel for purposes of this Easement, and the restrictions and covenants of this Easement will apply to the Protected Property as a whole. 11(b). Industrial or Commercial Uses. Industrial or Commercial activities on the Protected Property are prohibited except for the following: Agricultural production and related uses in accordance with the terms and Page 14 of 42 1 :: (ii) (iii) (iv) conditions of this Easement; The sale of excess power generated in the operation of Renewable Energy Facilities and associated equipment or other energy Structures that Grantee approves in writing as being consistent with the Purposes of the Easement and in accordance with the terms and condition of this Easement See Section 13(i); Temporary or seasonal outdoor activities or events that do not harm the Purpose of the Easement; and Commercial or Rural Enterprises related to agriculture or forestry including but not limited to Agritourism; processing, packaging, and marketing of farm or forest products; farm machinery repair; farm wineries; and small-scale retail enterprises compatible with agriculture or forestry, including but not limited to shops, and studios for arts or crafts. 11(c). Granting of Easements for Utilities and Roads. The granting or modification of easements for utilities and roads is prohibited when the utility or road will adversely impact the Purpose of the Easement as determined by the Grantee in consultation with the Chief of NRCS. See Sections 13(h) and 17. 11(d). Surface Alterations. Grading, blasting, filling, sod farming, carth removal, or any other activity that will disturb the soil surface or materially alter the topography, surface or subsurface water systems, or wetlands of the Protected Property is prohibited, except for the following: (1) Dam construction pursuant to a plan approved by the Grantee to create ponds for Agricultural Use, fire protection, or wildlife enhancement, including enhancement through wetland restoration, enhancement, or creation; (11) (ili) Erosion and sediment control pursuant to a plan approved by the Grantee; Soil disturbance activities required in the construction of approved buildings. Structures, roads, and utilities provided that the required alteration has been approved in writing by Grantee as being consistent with the Purpose of the Easement: and (iv) Agricultural activities and related conservation activities conducted in accordance with the terms and conditions of this Easement and the ALE Plan as described in Section 8 ("Right to Use Protected Property for Agricultural Uses"). 11(e). Surface and Subsurface Mineral Exploration and Extraction Mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Grantors as of the date of this Easement or later acquired by Grantors, using any surface mining, subsurface mining, or dredging method, from the Protected Property is prohibited. If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Protected Property at the time this Easement is executed, and their interests have not been subordinated to this ALE, the Grantors must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Section 11(c). Any Page 15 of 42 mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference this Easement. 12. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Protected Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 13. Construction of Buildings and Other Improvements. The Protected Property consists of three (3) Use Areas as further described in the Baseline Documentation Report (referenced in Section 22 herein) and identified on the Easement Map attached hereto as Exhibit B: 1) the Farmstead Arca; 2) the Farm Area; and 3) the Resource Protection Area. Grantors may undertake construction, erection, installation, removal or placement of buildings, Structures, or other Improvements to the Protected Property within these areas only as provided in this Easement and set forth below. 13(a). Structures to be Located within Farmstead Area. Except as otherwise permitted in this Section 13, all Structures and Improvements must be located within the Farmstead Area, containing approximately 9.5 total acres and described or shown in Exhibit B, which is appended to and made a part of the Easement. Agricultural Structures and utilities to serve approved buildings or Structures, including on-farin energy Structures allowed under this Section 13, that neither individually nor collectively have an adverse impact on the Purpose of the Easement, may be located outside of the Farmstead Arca with prior written consent of the Grantee. 13(b). Limitation on Impervious Surfaces. Impervious Surfaces shall not exceed two percent (2%) of the Protected Property, excluding NRCS-approved conservation practices identified in the New York Field Office Technical Guide or any such successor guide. Impervious Surfaces are defined in Section 4(u) and are materials that do not allow water to percolate into the soil on the Protected Property, including, but not limited to, buildings with or without flooring, paved areas, and any other surfaced that are covered by asphalt, concrete, or roofs. This limitation does not include public roads or other roads owned and controlled by parties with rights superior to those rights conveyed to Grantee by this Easement. This Easement limits the extent of construction or placement of Impervious Surfaces on the Protected Property. Impervious Surfaces are prohibited in the Resource Protection Area. 13(c). Agricultural Structures and Improvements. Agricultural Structures and Improvements may be placed or constructed on the Protected Property in accordance with the provisions of this Section 13(c) and may be repaired removed, enlarged and replaced at their respective locations, subject to the Impervious Surface coverage limitations set forth in Section 13(b) ("Limitation on Impervious Surfaces"). Farmstead Area: Without permission of Grantee, Agricultural Structures and Page 16 of 42 3SE: Improvements, including accessory roads and parking areas, are permitted within the Farmstead Area. Resource Protection Area: With prior written permission of Grantee determining that the Agricultural Structure or Improvement neither individually nor collectively has an adverse impact on the Purpose of the Easement, Grantors may place or construct Agricultural Structures and Improvements within the Resource Protection Area provided each Agricultural Structure or Improvement shall not contain Impervious Surfaces. Farm Area: Agricultural Structures and Improvements that neither individually nor collectively have an adverse impact on the Purpose of the Easement, may be located in the Farm Area with prior written approval of the Grantee. No building, Structure or Improvements on the Farm Area shall be used in any manner that is associated with the processing, marketing or retailing of any Crops, Livestock and Livestock Products and no similar activities involving any processed product associated with crops or livestock shall be permitted on the Farm Area. As used in this Section 13(c), "processing" shall not include boiling maple sap, grinding or mixing of materials to produce feed for livestock kept on the Protected Property or on other properties owned or operated by the Grantors, or similar non-industrial activities, provided that any such "processing" shall be conducted on a de minimus portion of the Farm Area. In the construction or placement of any Impervious Surfaces within the Farm Area, the Grantors shall use all practical means to minimize the extent of coverage over or associated impacts to prime soils and soils of statewide importance. Bridges, culverts or other means of crossing wet areas may be constructed or placed subject to obtaining necessary permits from the New York State Department of Environmental Conservation, or such other governmental authorities as required by law. All such Improvements shall be subject to the Impervious Surface coverage limitations specified in Section 13(b) above. 13(d). Residential Dwellings. Residential Dwellings may be placed or constructed on the Protected Property in accordance with the provisions of this Section 13(d). Each such Residential Dwelling may be repaired, removed, enlarged and replaced at its respective location. Residential Uses shall be compatible with the Purposes of this Easement and subordinate to the Agricultural Uses of the Protected Property. Farmstead Area: Without permission of Grantee, Residential Dwellings, together with accessory Structures and Improvements, are permitted within the Farmstead Area, subject to any applicable local, state or federal laws and regulations. Principal Residences. No more than one (1) single family Principal Residence shall be permitted on the Protected Property. As of the date of this Easement, there was no such residence on the Protected Property. The Principal Residence shall not exceed a Footprint Area of 3,500 square feet and a Height of 35 feet. Accessory Residences. No more than two (2) detached Accessory Residences Page 17 of 42 shall be permitted on the Protected Property. No Accessory Residence shall exceed a Footprint Area of 1,500 square feet and a Height of 25 feet. No Accessory Residence may be sold separately from the Principal Residence. Accessory Apartments. No more than two (2) Accessory Apartments may be located within any permitted Structure. If located within a Residential Dwelling the combined Footprint Area of the Accessory Apartment and Residential Dwelling shall not exceed the limits in this Section 13. As of the date of this Easement, no Accessory Apartments exist on the Protected Property. No Accessory Apartment may be sold separately from the Principal Residence. Farm Labor Housing. Farm Labor Housing as defined in Section 4(n), is permitted provided that detached Farm Labor Housing units do not exceed a Footprint Area of 1,500 square feet each and a Height of 25 feet. No Farm Labor Housing unit may be sold separately from the Principal Residence. As of the date of this Easement, no Farm Labor Housing units exist on the Protected Property. Resource Protection Area: Residential Dwellings, including those for Farm Labor Housing, are prohibited within the Resource Protection Area. Farm Area: Residential Dwellings, including those for Farm Labor Housing are prohibited in the Farm Area. 13(e). Structures and Improvements associated with Rural Enterprises. Rural Enterprises may only be established within the Farmstead Area. In all cases, such uses and any necessary Structures or Improvements, shall be compatible with the Purposes of this Easement and subordinate to the Agricultural Use of the Protected Property. Prohibited enterprises include, but are not limited to those that market non-agricultural petroleum or chemical products or involve handling of hazardous substances (such as a junk yard or gas station), unless such activities are an integral part of the Agricultural Operation. The land on which these Structures and Improvements stand shall not be subdivided. 13(f). Structures and Improvements associated with Recreational and Educational Uses. Structures and Improvements associated with Recreational and Educational Uses are permitted on the Protected Property in accordance with the provisions of this Section 13(f), and subject to the Impervious Surface coverage limitations set forth in Section 13(b) ("Limitation on Impervious Surfaces"), so long as such Structures and Improvements are consistent with the Purposes of this Easement and subordinate to the Agricultural Use of the Protected Property. No Structures or Improvements associated with Recreational or Educational Uses shall impair, in any way, the Agricultural Use of the Farm Area. Structures and Improvements may be repaired, removed, enlarged and replaced at their respective locations within the Farmstead Area subject to the Impervious Surface coverage limitations set forth in Section 13(b.) Farmstead Area: Without permission of Grantee, Structures and Improvements associated Page 18 of 42 with Recreational and Educational Uses are permitted within the Farmstead Area. Resource Protection Area: Structures and Improvements associated with Recreational Uses are prohibited. Farm Area: Structures and Improvements associated with Recreational Uses in the Farm Area are prohibited 13(g). Fences. Fences may be maintained and replaced, and new fences installed if they are necessary for Agricultural Operations or other allowed uses on the Protected Property or to mark boundaries of the Protected Property. Maintenance, replacement, and installation of fences must be conducted in a manner consistent with the Purpose of the Easement. Fencing unrelated to Agricultural Use of the Protected Property may not impair the views of the Protected Property from public roadways. Additional types of fencing shall require permission of the Grantee pursuant to Section 19 ("Permission of and Notice to Grantee"). 13(h). Utility Services and Septic Systems. Wires, lines, pipes, cables, tanks, or other facilities providing electrical, gas, water, sewer, sanitary sewer, septic, communications, or other like services to or from the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced for such purposes. All such services and systems shall be compatible with the Purposes of this Easement and subordinate to the Agricultural Use of the Protected Property, Such services and systems may be located within the Farmstead Area without permission of Grantee If located outside the Farmstead Area they shall require the prior written permission of Grantee upon a showing that they are located in a manner that neither individually nor collectively has an adverse impact on the Purpose of the Easement and that minimizes impacts to the Resource Protection Area and to prime soils and soils of statewide importance. No wireless Telecommunications towers or associated antennas may be placed on the Protected Property. There shall be no placement of high-voltage transmission lines, pipelines, landfills or other land uses detrimental to the scenic character or ecosystems of the Protected Property, unless they are facilities or activities that are duly authorized under the Federal Natural Gas Act (15 U.S.C. Sections 717-717w) pursuant to ECL 49-0305(3)(b) and approved in accordance with Section I1(c) ("Granting of Easements for Utilities and Roads") and other applicable federal and state laws. The preceding sentence shall not in accordance with Section 11(c). 13(i). Renewable Energy Structures and Improvements. With permission from the Grantee pursuant to Section 19 ("Permission of and Notice to Grantee"), Renewable Energy Facilities for non-Commercial Use principally to serve Structures permitted on the Protected Property may be built pursuant to this Section 13(i). Grantors shall comply with any applicable New York State Department of Agriculture and Markets guidelines regarding agricultural impact avoidance, mitigation and remediation. Page 19 of 42 Grantors shall provide to Grantee the Footprint Area, design, location, size, Height and output of any such facilities and such Structures shall comply with federal, state and local laws. Excess energy generated above that required for use on the Protected Property, may be sold to an electrical supplier in compliance with federal, state and local laws. Wireless Telecommunications towers or associated antennas are prohibited. Farmstead Areas: Structures and Improvements associated with renewable energy generation, including access roads and other accessory Improvements, may be built within the Farmstead Area. Such facilities shall be subordinate to the Agricultural and Residential Uses of the Protected Property. Farm Areas: Subject to the Impervious Surface coverage limitations set forth in Section 13(b), Grantors may place or construct Renewable Energy Facilities, including access roads and other accessory Improvements, in the Farm Area, provided that the energy produced will be used principally on the Protected Property. In granting approval for such facilities, Grantee must find, in Grantee's sole discretion, that the Renewable Energy Facilities are compatible with, and neither individually nor collectively have an adverse impact on, the Purposes of this Easement, subordinate to the Agricultural Use of the Protected Property, compatible with the scenic preservation of the Protected Property, and located in a manner that minimizes impacts to prime agricultural soils, soils of statewide importance, and scenic views from public vantage points. Grantee's conditions of approval may include requiring the posting of a bond. Renewable Energy Facilities are permitted only if they are limited and localized in impact, affecting no more than one- quarter of one percent (0.25%) of the Farm Area at one time. Such facilities shall be subordinate to the Agricultural Uses of the Protected Property. Any such facility may be enlarged or relocated with the permission of Grantee Pursuant to Section 19. 14. Maintenance and Improvement of Water Sources. Subject to the requirements of Section 1|(d) ("Surface Alterations"), Grantors may use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Protected Property for the uses permitted by this Easement. Grantors may alter the natural flow of water over the Protected Property in order to improve drainage of agricultural soils, reduce soil erosion and/or flooding, provide irrigation for the Protected Property or improve the agricultural or forest management potential of the Protected Property, provided such alteration is conducted in accordance With Sound Agricultural Practices (as described in Section 8), is consistent with the Purposes of this Easement, and is carried out in accordance with applicable local, state and federal laws and regulations. Grantors may maintain berms, dams, water control Structures, and drainage ways existing at the time of this Easement as documented in the Baseline Documentation Report described in Section 22 below. No change to any existing ponds, streams or wetlands, and no construction or alteration of any Structure or Improvement (including septic disposal systems) for non-Agricultural Uses shall be permitted within 100 feet of any existing pond, stream, or wetland, except with permission of the Grantee pursuant to Section 19 ("Permission of and Notice to Grantee"). 15. Water Rights. Grantors may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Protected Property in accordance with applicable local, state and federal laws and regulations. Page 20 of 42 Grantors shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Protected Property itself. 16. Clearing of Trees and Vegetation. All clearing of trees and vegetation shall be conducted in conformity with sound land and forest management practices to minimize erosion and adverse impacts on natural resources and there shall be no removal, destruction or cutting of mature live trees on the Protected Property with a trunk diameter at breast height of eight inches or more, except as follows: 16(a). Clearing without Prior Consent. Without the prior consent of the Grantee, trees and vegetation may be removed (1) which endanger public safety, are diseased, damaged or fallen; (2) which need to be cleared to ensure the health of other trees; (3) to the minimum extent necessary in connection with the construction of permitted Structures and Improvements including parking areas for structures permitted herein, which clearings shall not exceed three acres; (4) to construct and/or maintain walking or hiking trails; (5) to maintain and manage habitat areas; (6) to enhance the overall diversity of native plant species; (7) to provide control of Invasive Species; (8) to support the ecological health and biodiversity of the Protected Property; and (9) to maintain the scenic and natural character of the Protected Property, in compliance with the restrictions set forth below in this Section 16. 16(b). Clearing with Prior Consent. With the prior permission of the Grantee pursuant to Section 19, trees may be removed (1) to clear-cut areas of the Protected Property to create open land for agriculture, habitat management, shooting fields, and views; (2) to clear more than three acres for permitted Structures and Improvements; and (3) as otherwise permitted by the Grantee pursuant to Section 19. 16(c). Forestry. Forestry Uses may be conducted if in conformity with accepted silvicultural practices and sound land and forest management practices to minimize erosion and adverse effects on natural resources with the prior consent of the Conservancy pursuant to Section 19 ("Permission of and Notice to Grantee"). All Commercial Forestry shall be conducted in accordance with a forestry management plan approved by the Conservancy, except that for properties under the NYS 480-a program, noted below, the Conservancy shall only require notice, pursuant to Section 19, and a copy of the New York State required plan for its files. Such management plan shall conform to: (1) accepted New York State Department of Environmental Conservation sustainable forestry guidelines; (2) any applicable guidelines of the Natural Resource Conservation Service of the United States Department of Agriculture (or successor governmental departments or agencies), and (if applicable); (3) logging guidelines set forth in Section 480-a of the New York State Real Property Tax Law (or other applicable state forestry tax programs). 17. Road Construction. New roads may be constructed if they are approved in advance by Grantee, in compliance with Page 21 of 42 Impervious Surface limits, and necessary to carry out Agricultural Operations and other allowed uses on the Protected Property. Grantors may construct, maintain and repair roads for residential driveways, barnyards, farm markets or other Improvements necessary to provide access to, and parking for, permitted buildings or Improvements, or to conduct other activities permitted by this Easement. Roads constructed in the Farm Area shall be located in a manner that minimizes impacts to prime soils and soils of statewide importance. Maintenance of existing roads documented in the Baseline Documentation Report is allowed; however, existing roads may not be widened or improved unless such widening and improving is within Impervious Surface Limits, approved in advance by Grantee, and necessary to carry out the Agricultural Operations or other allowed uses on the Protected Property. No driveways or roads, except for farm roads, shall be constructed or improved that traverse the Protected Property to gain access to neighboring lands not protected by this Easement, except with the permission of the Grantee pursuant to Section 19 ("Permission of and Notice to Grantee"). Such permission, if granted, shall be limited to access exclusively for Agricultural Use of the neighboring lands. 18. Composting, Disposal of Biodegradable Materials, Dumping and Trash. The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Protected Property is prohibited, except as follows and subject to Section 40 ("'Grantor's Environmental Warranty"): 18(a). Without permission of Grantee if within the Farmstead, or with permission of Grantee if outside the Farmstead and otherwise required by Section 13 ("Construction of Buildings and Other Improvements"), Grantors may: (i) store compost, apply or inject agriculturally- related waste or biodegradable material generated on-site; (ii) store old farm equipment to be used for parts; and (iii) temporarily store trash or houschold waste in receptacles for periodic off-site disposal, provided that all materials stored, applied, or injected are generated on or derived from the Protected Property 18(b). With prior permission of Grantee, Grantors may store, apply, inject, compost, or re-use agriculturally-related waste or biodegradable materials generated off the Property for use on the Protected Property or for commercial use or sale, subject to the limitations of Section 11(b) ("Industrial or Commercial Uses"). Commercial composting and composting of materials generated off-site must be done in compliance with required governmental permitting, pursuant to a management plan developed or approved by the Dutchess County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or the United States Natural Resources Conservation Service or successor agencies. Under no circumstances is the operation of a permanent or semi-permanent debris dump or landfill for woody, carthen, or other biological materials transported from off-site permitted on the Protected Property. All such activities shall be conducted in accordance with Sound Agricultural Practices (as defined in Section 4(i)). Notwithstanding the foregoing, the storage and treatment of sewage associated with Structures permitted on the Protected Property is permitted by this Easement as provided in Section 13(h) ("Utility Services and Septic Systems"). Page 22 of 42 19. Permission of and Notice to Grantee. The prior written permission of and/or notice to the Grantee is required for certain actions as specifically set forth in this Easement. To request the written permission of the Grantee and/or to provide notice, the Grantors shall submit plans and a description of the proposal in accordance with Section 36 ("'Notices"). Such submission shall contain sufficient information to enable the Grantee to make an informed determination as to whether the proposal is permitted by and consistent with the Purposes and restrictions of this Easement. The Grantors shall reimburse the Grantee for reasonable costs incurred in connection with review of any proposals for which Grantee's permission is required. The Grantee may waive review of and permission for any Structure, Improvement or alteration otherwise permitted by the Easement which it deems to have no or an insubstantial impact on the Purpose and provisions of the Easement. 19(a). Standards and Timetable for the Grantee's Permission. Where the Grantee's written permission is required, the Grantee shall grant or withhold its in writing within 35 days of receipt of the Landowners' request for accompanied by plans and other materials the Conservancy in its sole discretion deems sufficient for its review. In order to grant any the Conservancy must make written findings that the proposed action: (a) is consistent with the Conservation Purposes of this Conservation Easement and will have a positive or neutral effect on those purposes; (b) is consistent with the Conservancy's mission as a not-for-profit conservation organization; (c) complies with all specific provisions of this Conservation Easement; (d) does not affect the perpetual existence and validity of this Conservation Easement; and (e) will not result in private inurement or impermissible private benefit. The Conservancy may withhold only upon a determination that the Landowners' proposal would be inconsistent with the Conservation Purposes or specific provisions of this Conservation Easement, including the provisions of this Section 19(a). The Conservancy may grant its subject to reasonable conditions which must be satisfied. If the Conservancy does not respond within thirty-five days of receiving a request for, such request shall be deemed to be constructively denied unless the parties agree to allow additional time for a decision. A constructive denial shall be treated by all parties as procedural, rather than substantive, and the Landowners may re-submit the request for approval without prejudice. No proposed activity may proceed without the Conservancy's written and approval as provided herein. The actual clearing of land and the completed Structure, Improvement or alteration shall conform in all material respects to the proposal approved by the Conservancy. 19(b). Standards and Timetable for Giving Notice to Grantee. Where only prior notice is required, the Grantors shall give the Grantee at least 35 days' prior written notice before commencement of site preparation, construction, expansion, excavation, replacement, relocation or removal of any Structure, Improvement or any significant landscape alteration. Prior to any activity described herein, the Grantors shall submit sufficient information to enable the Grantee to make an informed determination as to whether such Structures or Improvements are permitted by and consistent with the Purposes and restrictions of this Easement. Such information may include, but is not limited to, survey information, site plans, and/or physically marking the boundaries of the proposed Structure or Improvement. Page 23 of 42 20. Ongoing Responsibilities of Grantors and Grantee. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantors as owners of the Protected Property, including, but not limited to, the following: 20(a). Taxes. Grantors shall be solely responsible for payment of all taxes and assessments levied against the Protected Property. 20(b). Upkeep and Maintenance. Grantors shall be solely responsible for the upkeep and maintenance of the Protected Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Protected Property. 20(c). Liability and Indemnification. Grantee has no affirmative obligations whatsoever, express or implied, relating to the use, maintenance, management or operation of the Protected Property. Grantee's exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities of the Protected Property. Grantee shall not be responsible for injury, damage, or death to persons or property or other harm in connection with the Grantee's administration and/or enforcement of this Easement or otherwise with respect to the condition of the Protected Property, provided that the foregoing shall not absolve Grantee of any liability it might otherwise have, independently of this Easement, for wrongfully and directly, without the participation or consent of the Owner, causing any dangerous condition to arise on the Protected Property. Except in the last described instance, Grantors agree to indemnify and hold Grantee harmless from any and all costs. claims, or liability, including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence, or damager related to the Protected Property, or any claims thereof, unless due to the negligence of Grantee, or its agents, in which case liability shall be apportioned accordingly. Grantors further agree to indemnify and hold Grantee harmless from and against any and all costs, claims, expenses, fines penalties, assessments or citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsocver on or under the Protected Property. Grantee shall have no liability to Grantors or any other Owner for Grantee's acts taken in good faith in connection with the administration of this Easement. Grantors shall indemnify and hold harmless the Grantee, Dutchess County ("the County"), and their employees, agents, and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and for other liabilities (whether legal or equitable in nature, including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal to which the Grantee and the County may be subject or incur relating to the Protected Property, which may arise Page 24 of 42 2: 3:22 . I: from, but are not limited to, any personal injury, accidents, negligence or damage, Grantors' ownership of the Protected Property, Grantors' breach of any representation, warranty, covenant, agreements contained in this Easement, or Grantors' violations of any Federal, State, or local laws, including all Environmental Laws, unless due to the negligence of the Grantee and the County or their employees, agents and assigns, in which case liability shall be apportioned accordingly. Grantors further agree to indemnify and hold harmless the Grantee and the County or their employees, agents, and assigns, from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsoever on or under the Protected Property. The Grantee and the County shall have no liability to Grantors or any other Owner for acts of the Grantee and the County or their employees, agents and assigns, taken in good faith in connection with the exercise of their rights under this Easement. The United States, its employees, agents, and assigns disclaim and will not be held responsible for Grantee's or Grantor's negligent acts or omissions or Grantee's or Grantor's breach of any representation, warranty, covenant, or agreements contained in this Easement , or violations of any Federal, State, or local laws, including all Environmental Laws (defined in Section 4) including, without limitation, those that give rise to liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, costs of actions, or sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal to which the United States may be subject or incur relating to the Protected Property. Grantor must indemnify and hold harmless the United States, its employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts, omissions, or breach of any representation, warranty, covenant, agreements contained in this Easement or violations of any Federal, State, or local laws, including all Environmental Laws (defined in Section 4). 21. Extinguishment of Development Rights. Except as otherwise reserved to the Grantors in this Easement, all non-agricultural development rights appurtenant to the Protected Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Protected Property or any other property. 22. Baseline Documentation. Page 25 of 42 By its execution of this Easement, Grantee acknowledges that the present uses of, and related Structures and Improvements on the Protected Property are permitted by this Easement. In order to evidence the present condition of the Protected Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report (the "Report"), including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantors and a copy will be kept on file with Grantee, and the County. The Report may be used by Grantee, or the County to establish that a change in the use or character of the Protected Property has occurred, but its existence shall not preclude the use by Grantee, or the County of other evidence to establish the condition of the Protected Property as of the date of this Easement. 23. Right of Inspection. Grantee shall have the right to enter upon the Protected Property with forty-eight (48) hours advance notice to Grantors for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time that is mutually agreeable to the Grantee and Grantors. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the United States, pursuant to Section 25 ("United States Right of Enforcement") below, and the County, pursuant to Section 26 ("Third Party Enforcement Right of the County of Dutchess") below, shall have the same right of inspection. 24. Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantors, giving Grantors thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation. Grantee shall also be entitled to seek the following remedies in the event of a violation: I) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and 2) restoration of the Protected Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantors shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including. but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. Nothing in this Easement relieves Grantors of any obligation with respect to the Protected Property or restriction on the use of the Protected Property imposed by law, and nothing in this Easement shall require Grantors to take any action to restore the condition of the Protected Property from damage or change that could not be reasonably anticipated by Grantors or that is beyond Grantors' reasonable control and occurring without Grantors' fault or negligence, including but not limited to natural Page 26 of 42 disasters such as earthquakes, hurricanes or floods or to political or social upheavals such as wars or riots. 25. United States Right of Enforcement. Pursuant to 16 U.S.C. Section 3865 et seq., the United States is granted the right of enforcement that it may exercise only if the terms of the Easement are not enforced by the Grantee. The Secretary of the United States Department of Agriculture (the "Secretary") or the Secretary's assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal law if the Grantee, or its successors or assigns, fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement or remedial action related to the enforcement of this Easement from the Grantors, including, but not limited to, attorney's fees and expenses related to Grantors" violations. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement of this Easement from the Grantee, including, but not limited to, attorney's fees and expenses related to Grantee's violations or failure to enforce the Easement against the Grantors, up to the amount of the United States' contribution to the purchase of the Easement. The Grantee will annually monitor compliance and provide the United States with an annual monitoring report that documents that the Grantee and Grantors are in compliance with the Easement. If the annual monitoring report is insufficient or is not provided annually, or if the United States has a reasonable and articulable belief of an unaddressed violation, as determined by the Secretary, the United States may exercise its right of inspection. For purposes of inspection and enforcement of the Easement and the United States ALE-Agreement with the Grantee, the United States will have reasonable access to the Protected Property. Prior to its inspection of the Protected Property, the United States shall provide advance notice to Grantee and Grantors and provide Grantee and Grantors a reasonable opportunity to participate in the inspection. In the event of an emergency, the United States may enter the Protected Property to prevent, terminate, or mitigate a potential or unaddressed violation of the Easement and will give notice to Grantee and Grantors at the carliest practicable time. 26. Third Party Enforcement Right of the County of Dutchess. The County of Dutchess (the "County"), a New York municipal corporation having an office and a mailing address at 22 Market Street, Poughkeepsie, New York, 12601, and its successor agency shall have the right to enforce a material violation of this Easement subject to the following provisions. 26(a). Prior to commencing an enforcement action, the County must first notify Grantee and Grantors, give Grantee thirty (30) days to take appropriate action, including commencing an enforcement action, and give Grantors thirty (30) days from the receipt of such notice to cure the violation. Page 27 of 42 26(b). If the County determines that Grantors are diligently proceeding to cure the violation or, if not, that Grantee is taking appropriate action and/or diligently prosecuting an enforcement action in good faith, it shall not have a right to take legal action for the same violation of this Easement unless pursuant to a written request by Grantee. 26(c). In any case, where a court finds that a violation has occurred, Grantors shall reimburse the County for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. In any case where a court finds no violation has occurred, each party shall bear its own costs. Nothing in this clause shall diminish the Grantee's rights under Section 24 ("Enforcement") or this Section 26 ("Third Party Enforcement Right of the County of Dutchess"). 27. Dispute Resolution. If a dispute arises between the Grantors and the Grantee concerning the consistency of any proposed use or activity with the Purposes of this Easement or any of the specific provisions contained herein, and Grantors agree not to proceed with the use or activity pending resolution of the dispute, either party may request a meeting between the parties or refer the dispute to mediation by written request. Within twenty (20) days of such request, Grantee shall schedule a meeting or the parties shall select a single trained and impartial mediator knowledgeable about production agriculture to recommend potential resolutions of the dispute. The actual total cost of the mediator and any reimbursable expenses of the mediator shall be divided equally between the Grantors and Grantee. For all other associated expenses (such as legal fees and witness costs), each party shall pay its own costs. Nothing in this clause shall diminish Grantee's rights under Section 24 ("Enforcement") or the rights of the County of Dutchess under Section 26 ("Third Party Enforcement Right of the County of Dutchess"). 28. Assignment of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a "public body" or a "not-for-profit conservation organization" as defined by Article 49 of the ECL or a "qualified organization" under Section 170(h) of the Code or a soil and water conservation district board pursuant to Section 9 (4-a) of the Soil and Water Conservation Districts Law, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ceases to exist or qualify under Article 49 of the ECL and Section 170(h) of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantors and the County, must be notified in writing in advance of any such transfer. 29. Sale, Transfer and Subdivision of Protected Property. 29(a). Required Language in Future Deeds, Mortgages and Leases. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Protected Property, or any parcel thereof, shall be subject to this Easement, and any Page 28 of 42 3: 1:3282 deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This [conveyance, lease, mortgage, easement, etc.] is subject to a Easement which runs with the land and which was granted to Dutchess Land Conservancy, Inc. by Easement dated _(month/day/year)_, and recorded in the Dutchess County Clerk's Office on at Document # _" The failure to include such language shall not affect the validity or applicability of this Easement. 29(b). Easement Binding on Future Owners and Others. The provisions of this Easement shall run with the land and shall be binding on each Owner and any party entitled to possession or use of the Protected Property while such party is entitled to possession or use thereof. As used in this Section, the term "Owner" shall include the Owner of any beneficial equity interest in the Protected Property. The preceding sentence shall not impose personal liability on any such beneficial Owner except to the extent such beneficial Owner has personal liability with respect to the Protected Property under the instrument creating such equity interest and under applicable law. 29(c). Discharge of Owner Upon Transfer. In the event any Owner transfers fee ownership of all or any portion of the Protected Property, such Owner shall be discharged from all obligations and liabilities under this Easement with respect to such portion transferred, except for acts or omissions which occurred during such Owner's period of ownership. 30. Amendment of Easement. This Easement may be amended only if, in the sole and exclusive judgment of the Grantee and United States, by and through the Chief of NRCS, such amendment is consistent with the Purpose of the Easement and complies with all applicable laws and regulations. The Grantee must provide timely written notice to the Chief of NRCS of any proposed amendments. Prior to the signing and recordation of the amended Easement, such amendments must be mutually agreed upon by the Grantee, Grantors, and United States, by and through the Chief of NRCS. Any purported amendment that is recorded without the prior approval of the United States is null and void. Any such amendment shall be consistent with and have a neutral or positive effect on the Purposes of this Easement and shall comply with the ECL or any regulations promulgated thereunder. Such amendment shall not unreasonably restrict or regulate Agricultural Operations. In order to approve an amendment, the Grantee must make written findings that the proposed amendment: (a) is consistent with the Purposes of this Easement and will have a positive or neutral effect on those Purposes; (b) is consistent with the Grantee's mission as a not-for-profit conservation organization; (c) complies with all specific provisions of this Easement other than those being amended; (d) does not affect the perpetual existence and validity of this Easement; and (e) will not result in private inurement or impermissible private benefit. The Grantee shall have no obligation to amend this Easement and any such amendment to this Easement shall be at the discretion of the Grantee. The Grantee may establish such requirements for the submission of plans and other documentation as it deems necessary to make an informed decision. Subject to the foregoing, amendments may include changes necessary to effectuate this Easement in response to effects caused by global warming and climate change. Any such amendment to this Easement shall be duly recorded. Page 29 of 42 31. Extinguishment, Termination, and Condemnation. The interests and rights under this Easement may only be extinguished or terminated with written approval of the Grantee and the United States. Due to the Federal interest in this Easement, any proposed extinguishment, termination, or condemnation action that may affect the United States' interest in the Protected Property must be reviewed and approved by the United States. With respect to a proposed extinguishment, termination, or condemnation action, Dutchess County, the Grantee and the United States stipulate that the fair market value of the Easement is forty-two percent, hereinafter the "Proportionate Share," of the fair market value of the land unencumbered by this Easement. The Proportionate Share will remain constant over time. If this Easement is extinguished, terminated, or condemned, in whole or in part, then the Grantors must reimburse Dutchess County and the United States an amount equal to the Proportionate Share of the fair market value of the land unencumbered by this Easement. The fair market value will be determined at the time all or a part of this Easement is terminated, extinguished, or condemned by an appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards or Federal Land Acquisition (UASFLA). The appraisal must be completed by a certified general appraiser and be approved by the Grantee and the United States. The allocation of the Proportionate Share between the County and the United States will be as follows: (a) to the County or its designee, fifty-three percent of the Proportionate Share; and (b) to the United States forty-seven percent of the Proportionate Share. Until such time as the Grantee and the United States receive the Proportionate Share from the Grantors or the Grantors' successor or assign, the Grantee and the United States each have a lien against the Protected Property for the amount of the Proportionate Share due each of them. If proceeds from termination, extinguishment, or condemnation are paid directly to Grantee, the Grantee must reimburse the United States for the amount of the Proportionate Share due to the United States. 32. Interpretation. This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. This Easement shall be liberally construed to effect the Purposes of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid 33. Recitals and Exhibits Incorporated Herein. Any and all recitals in this Easement are agreed by the parties to be accurate, are incorporated into this Easement by this reference, and shall constitute integral terms and conditions of this Easement. Any and all exhibits and addenda attached to and referred to in this Easement are hereby incorporated into this Easement as if fully set out in their entirety herein. 34. Successors. Every provision of this Easement that applies to Grantors or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Protected Property. Page 30 of 42 35. Severability. Invalidity of any of the covenants, terms or conditions of this Easement, or any part thercof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 36. Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i) by personal delivery, (li) via registered or certified mail, return receipt requested, or (ili) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: 1) if to Grantee, at the address set forth above; 2) if to Grantors, at the address set forth above; 3) if to any subsequent owner, at the address of the Protected Property; or 4) if to the United States, or 5) if to Dutchess County, 22 Market Street, Poughkeepsie, New York, 12601. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section 36. 37. Title. The Grantors covenant and represent that the Grantors are the sole Owners and are seized of the Protected Property in tee simple and have good right to grant and convey the aforesaid Easement; that the Protected Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 38. Subsequent Liens on Protected Property. No provisions of this Easement should be construed as impairing the ability of Grantors to use this Protected Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Easement. 39. Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited, except with the permission of Grantee pursuant to Section 19. With prior permission of the Grantee pursuant to Section 19 ("Permission of and Notice to Grantee") the placing of an additional restriction to maintain the Protected Property's affordability for Agricultural Use by farmers, including additional restrictions that take the form of an affordability covenant or a Preemptive Right to Purchase for Agricultural Use is permitted. Any future encumbrances shall be consistent with the Primary Purpose of this Easement and shall not unreasonably restrict or regulate Agricultural Operations. 40. Grantors' Environmental Warranty. Grantors warrant that they are in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantors warrant that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with, or any liability under, any Environmental Law relating to the operations or conditions of the Protected Page 31 of 42 Property. Grantors further warrant that they have no actual knowledge of an undisclosed release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. Furthermore, Grantors warrant the information disclosed to Grantee and United States regarding any past violations or noncompliance with Environmental Laws and associated remedial actions, or any past releases of Hazardous Materials and any associated remedial actions is complete and accurate. Moreover, Grantors hereby promise to hold harmless and indemnify Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any hazardous materials on, at, bencath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantors or any other prior owner of the Protected Property. Grantors' indemnification obligation will not be affected by any authorizations provided by Grantee or the United States to Grantors with respect to the Protected Property or any restoration activities carried out by Grantee on the Protected Property; provided, however, that Grantee will be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. 41. Duration of Easement. Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Protected Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by. or merged into, any other interest or estate in the Protected Property now or hereafter held by Grantee. 42. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 30 ("Amendment of Easement"). 43. Waiver. The Grantee may on a case-by-case basis waive any provision of this Easement that it deems not to be essential in fulfilling this Easement's Purposes. Such waivers may not be granted with respect to the number of Residential Dwellings that may be built. Any such waiver must be supported by written findings in the minutes of the meeting of the Grantee at which it was approved. Such findings shall state the rationale for allowing the waiver and shall indicate any impacts to landscape features or scenic panoramas as seen from public vantage points (if a waiver to size or location restrictions). The Grantee must find that the waiver: (a) is consistent with the Purposes of this Easement and will have a positive or neutral effect on those purposes; (b) is consistent with the Grantee's mission as a not-for- profit conservation organization; (c) complies with all specific provisions of this Easement; (d) does not affect the perpetual existence and validity of this Easement; and (c) will not result in private inurement or impermissible private benefit. Such individual waivers will not affect the future Page 32 of 42 applicability of any waived provision as applied to other situations, and the provision waived in an individual case shall continue in full force and effect for other cases. Any such waiver shall comply with Article 49, Title 3 of the Conservation Law and Section 170(h) of the Internal Revenue Code (or any successor provisions of applicable law), and any regulations promulgated pursuant thereto. Copies of resolutions of the Grantee's Board of Directors approving such waivers shall be kept in the Grantee's permanent file with this Easement. The Grantee shall, if requested by an Owner of the Protected Property, issue a certificate of compliance indicating that an alteration of the Protected Property or other action undertaken pursuant to this Section was undertaken pursuant to an approved waiver of this Easement. 44. Binding Effect. The provisions of this Easement shall run with the Protected Property in perpetuity and shall bind and be enforceable against the Grantors and against all future Owners and any party deriving from the Grantors any interest or right to use, possess, or occupy the Protected Property, in the same manner as against the Grantors, while such party is an Owner or entitled to possession, occupancy, or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Protected Property transferred, cease being a Grantors or Owners with respect to such Protected Property for purposes of this Easement and shall have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Protected Property, but the transferor shall remain liable for carlier acts and conditions done or occurring during the period of his or her ownership or conduct. 45. Lien Law. Lien Law. This conveyance is made subject to the trust fund provisions of Section Thirteen of the New York 46. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Page 33 of 42 IN WITNESS WHEREOF, Grantors and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. LANDOWNERS Grantor: Jay S. Domin Grantor: Stanley J. Domin DUTCHESS LAND CONSERVANCY, INC. Grantee: By: Rebecca E.C. Thornton President State of New York) Page 34 of 42 County of ), ss: On the _day of in the year 2025 before me, the undersigned, personally appeared Jay S. Domin, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement State of New York County of ), ss: in the year 2025 before me, the undersigned, personally appeared Stanley J. Domin, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement State of New York County of ), ss: in the year 2025 before me, the undersigned, personally appeared Rebecca E.C. Thornton, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement ACKNOWLEDGMENT For the Purpose of Acknowledging the Contribution of Funds to the Purchase of this Easement, and Acceptance of the Role of Third Party Right of Enforcement Page 35 of 42 DUTCHESS COUNTY By: Susan J. Serino County Executive State of New York ) County of Dutchess ), ss: On , before me, the undersigned, a notary public in and for said State, personally appeared Susan J. Serino personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement EXHIBIT A Description of the Protected Property All that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, Page 36 of 42 1 .: situated, lying and being in the Town of LaGrange, Dutchess County, New York, more particularly described as follows: Beginning at the southeasterly corner of the herein described Conservation Easement at a point in the southwesterly line of Freedom Road (County Road 47) located at New York State Plane East Zone Coordinates of 1,045,488.12 feet North, by 678,645.81 feet East; Thence along lands now or formerly of Rutkowski, described by deed recorded in Document No. 2- 2010-5911, in part, and lands now or formerly of ipoll Realty Corp., described by deed recorded in Liber 1095 of Deeds at page 655, in part, South 78°58'24" West for 354.48 feet to the cast end of a stone wall, South 79°10'44" West for 188.45 feet to a point in said wall, South 80°19'58" West for 192.32 feet to the west end of said wall, South 82°03'40" West for 199.36 feet to a Central Hudson Gas & Electric marker, South 81°09'10" West for 562.89 feet partly along a stone wall to the west end of said wall, South 84°59'48" West for 73.03 feet to the east end of a stone wall, South 83°31'00" West for 102.62 feet to a point in said wall, South 78°48'22" West for 190.80 feet partly along said wall and the range thereof to the east end of a stone wall, South 86°21'41" West for 42.39 feet to a point in said wall, South 79°03'13" West for 157.18 feet to a point in said wall, South 73°39'15" West for 53.90 feet to a corner of said wall. North 70°51'11" West for 53.31 feet to a stone wall corner. North 79°59'54" West for 363.88 feet to a point in said wall, and North 78°49'00" West for 100.14 feet to a stone wall corner; Thence along lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2016-2225, North 79°52'45" West for 85.47 feet to a point in said wall, North 78°18'00" West for 741.44 feet to a point in said wall, North 76°52'24" West for 86.33 feet to a point in said wall, North 78°5l'07" West for 504.24 feet to a wall corner, North 79°17'22" West for 108.21 feet to a point in said wall, North 77°27'50" West for 155.95 feet to a point in said wall, North 79°19'38" West for 159.02 feet, and North 78°21'20" West for 328.98 feet to a point at or near the west end of said wall: Thence along lands now or formerly of Con Edison Company of New York, described by deed recorded in Liber 517 of Deeds at page 396, North 0°57'08" East for 2681.43 feet to a point in a stone wall; Thence along lands now or formerly of Bilmar Nurseries, Inc., described by deed recorded in Liber 1922 of Deeds at page 58, North 76°74'08" East for 103.31 feet to an iron rod found in said wall; Thence along lands now or formerly of Reilly, described by deed recorded in Document No. 2-2022- 2123, North 77°30'39" East for 61.42 feet to a point in said wall. North 75°28'49" East for 160.58 feet to a point in said wall, North 80°15'11" East for 96.63 feet to a point in said wall, and Page 37 of 42 North 77°15'24" East for 100.23 feet to a point in said wall; Thence along lands now or formerly of Castillo, described by deed recorded Document No. 2-2023- North 79°05'29" East for 167.72 feet to a point in said wall; Thence along lands now or formerly of Sonnenberg, described by deed recorded in Document No. 2- 2024-1268, North 67°58'24" East for 65.15 feet to a point in said wall, North 77°58'56" East for 41.90 feet to a point in said wall, North 72°23'23" East for 23.99 feet to a point in said wall, and North 58°47'56" East for 48.53 feet to a stone wall corner; Thence along lands now or formerly of NG, described by deed recorded in Document No. 2-2014- 6211, in part, lands now or formerly of Graham, described by deed recorded in Document No. 2-2002- 3524, in part, and lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2024-3366, South 34°10'39" East for 26.92 feet to a point in said wall, South 30°04'41" East for 228.61 feet to the south end of said wall, South 28°34'04" East for 53.93 feet, South 29°14'31" East for 160.30 feet, South 38°5|'41" East for 64.50 feet, South 27°46'31" East for 91.57 feet, South 34°24'11" East for 80.24 feet, South 26°40'14" East for 168.14 feet to the north end of a stone wall South 13°17'07" East for 41.43 feet to a point in said wall, South 28°38'20" East for 20.87 feet to a point in said wall, South 16°39'41" East for 51.41 feet to the south end of said wall, South 24°39'03" East for 43.52 feet to the north end of a stone wall, South 21°58'09" East for 111.13 feet to a point in said wall, South 18°09'39" East for 54.63 feet to a point in said wall, South 24°38'35" East for 42.76 feet to a point in said wall, and leaving said wall, North 41°03'30" East for 1380.67 feet to an iron rod set; Thence along the westerly line of Rombout Road, South 27°46'38" East for 90.03 feet, South 24°52'38" East for 324.66 feet, South 33°28'58" East for 82.16 feet, and South 55°01'19" East for 80.61 feet; Thence along lands now or formerly of Garrison, described by deed recorded in Document No. 2- 2022-5193, South 8°39'02" West for 1421.95 feet to an iron rod set, South 47°44'35" East for 304.00 feet to an iron rod found, and North 83°58'15" East for 205.00 feet to an iron rod found; Thence along lands now or formerly of Zwinscher, described by deed recorded in Liber 1807 of Deeds at page 508 North 83°58'15" East for 470.02 feet; Thence along lands now or formerly of Leight & Percival, described by deed recorded in Liber 1663 of Deeds at page 668, in part, lands now or formerly of Getzman & Estevez, described by deed Page 38 of 42 = recorded in Document No. 2-2020-52201, in part, and lands now or formerly of Lucas & Toni, described by deed recorded in Liber 1585 of Deeds at page 689, in part, South 26°46'26" East for 688.00 feet to an iron rod found, and North 77°04'44" East for 668.63 feet; Thence along the westerly line of the earlier mentioned Freedom Road, South 22°03'06" East for 5.00 feet, South 34°23'06" East for 103.60 feet, South 40°07'26" East for 118.33 feet to the base of a broken-off metal fence post, and South 40°07'26" East for 452.46 feet to the point or place of beginning; Containing 201.287 acres. Resource Protection Area 1 Beginning at the southeast corner of the herein described Resource Protection Area 1 located at New York State Plane East Zone Coordinates of 1,045,375.17 feet North, by 675,368.42 feet East; Thence around said Area, North 78°18'00" West for 128.92 feet, North 76°52'24" West for 86.33 feet, North 78°51'07" West for 504.24 feet. North 7°02'42" East for 685.46 feet, North 8°16'16" West for 691.05 feet. South 85°18'22" West for 287.19 feet. North 56°03'36" West for 112.33 feet, North 0°37'31" West for 214.35 feet, North 14°49'01" East for 739.22 feet, North 29°55'25" East for 539.69 feet, North 24°08'06" West for 195.97 feet, North 67°58'24" East for 65.15 feet, North 77°58'56" East for 41.90 feet, North 72°23'23" East for 23.99 feet, North 58°47'56" East for 48.53 feet, South 34°10'39" East for 26.92 feet, South 30°04'41" East for 228.61 feet, South 28°34'04" East for 53.93 feet, South 29°14'31" East for 160.30 feet, South 38°51'41" East for 64.50 feet, South 27°46'31" East for 91.57 feet, South 34°24'11" East for 80.24 feet. South 26°40'14" East for 168.14 feet, South 13°17'07" East for 41.43 feet, South 28°38'20" East for 20.87 feet, South 16°39'41" East for 51.41 feet, South 24°39'03" East for 43.52 feet, South 21°58'09" East for 111.13 feet, Page 39 of 42 South 18°09'39" East for 54.63 feet, South 24°38'35" East for 42.76 feet, South 2°14'13" East for 781.33 feet, South 1°37'17" West for 525.58 feet, South 38°51'19" East for 218.70 feet, and South 14°41'10" West for 635.77 feet to the point or place of beginning; Containing 53.156 acres. Resource Protection Area 2 Beginning at the northeast corner of the herein described Resource Protection Area 2 located at New York State Plane East Zone Coordinates of 1,048,018.74 feet North, by 676,573.54 feet East; Thence around said Area, South 8°39'02" West for 1421.95 feet, South 47°44'35" East for 304.00 feet, South 202707" West for 499.22 feet, South 37°16'54" West for 125.13 feet. North 25°35'40" West for 145.75 feet, North 2°38'02 East for 420.18 feet, North 22°41'14" West for 270.90 feet, North 6°16'14" East for 136.98 feet, North 12°32'25" West for 306.22 feet, North 4°38'31" West for 441.92 feet, North 22°22'12" West for 455.44 feet, North 33°33'57" East for 519.49 feet, South 24°52'38" East for 228.66 feet, South 33°28'58" East for 82.16 feet, and South 55°01'19" East for 80.61 feet to the point or place of beginning: Containing 10.722 acres. Farmstead Area Beginning at the southwest corner of the herein described Farmstead Area located at New York State Plane East Zone Coordinates of 1,045,299.58 feet North, by 677,236.61 feet East; Thence around said Area, North 2°57'03" West for 408.21 feet, North 60°20'23" East for 308.03 feet, South 26°49'53" East for 178.35 feet, North 75°20'34" East for 468.56 feet, North 7°08'20" East for 102.02 feet, North 77°04'44" East for 141.40 feet. South 16°4901" East for 132.80 feet, South 15°24'58" West for 106.11 feet, Page 40 of 42 South 12°24'55" East for 269.48 feet, South 80°54'53" West for 1011.81 feet to the point or place of beginning: Containing 9.500 acres. EXHIBIT B Conservation Easement Map Page 41 of 42 EXHIBIT C Survey Map Page 42 of 42 Grant Agreement GRANT AGREEMENT FOR THE ACQUISITION OF CONSERVATION EASEMENT THIS AGREEMENT, made this _ 2025, by and between STANLEY J. DOMIN AND JAY S. DOMIN (the "Owners") having a mailing address of 55 Mountain Road and 37 Mountain Road, Pleasant Valley, New York, 12569, respectively; the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (the "County"); and DUTCHESS LAND CONSERVANCY, INC. with offices at 4289 Route 82, Millbrook, New York 12545 (the "Conservancy"), and a mailing address of P.O. Box 138, Millbrook, New York, 12545. WITNESSETH: WHEREAS, the Owners are the sole owners in fee simple of real property, currently operating as Domin Farm, which consists of approximately 201.287 acres described in the deed attached hereto as "Exhibit A" and desire to sell and convey to the Conservancy a conservation casement reducing the development rights on the entire property (the "Property"), more fully described in "Exhibit B" attached hereto and incorporated by reference, located on Freedom and Rombout Roads, in the Town of LaGrange, Dutchess County, New York (Tax Grid Numbers 6362-04-671168, 6362-04-844138, 6462-03-030054, and 6462-03-047082); and WHEREAS, the Conservancy wishes to purchase such conservation easement, provided that funds therefor are available through the United States Department of Agriculture Natural Resources Conservation Service Agricultural Conservation Easement Program-Agricultural Land Easements ("USDA") authorized by Parcel Contract 542C3124161, and that needed matching funds are available through the Dutchess County Partnership for Manageable Growth Grant Program authorized by the County pursuant to Resolutions • Additional funds have been provided by The Wetland Trust. Now, therefore, the parties agree as follows: PURCHASE OF CONSERVATION EASEMENT. The Owners agree to sell and convey to the Conservancy, and the Conservancy agrees to purchase from the Owners, one conservation casement (the "Conservation Easement") on the subject Property, currently operating as Domin Farm upon the terms and conditions hereinafter set forth. Among other terms under the Conservation Easement, the Conservancy shall hold the Conservation Easement and have enforcement rights pursuant to the terms of the Conservation Easement and the County shall have third party enforcement rights pursuant to the terms of the Conservation Easement. The Conservancy and the County shall have the right to claim portions of the monetary value of the Conservation Easement in the event the Conservation Easement is extinguished as provided in the Conservation Easement. The Conservation Easement shall be substantially in the form attached to this Agreement as "Exhibit B." The Exhibit B Conservation Easement has been approved by the Conservancy's Board of Directors. 2. PAYMENT. The development rights for the Property were appraised at eight hundred five thousand, one hundred forty-eight dollars (S805,148), or approximately $4,000 per acre. The purchase price for the Conservation Easement for these development rights shall be eight hundred five thousand, one hundred forty-eight dollars ($805, 148). The purchase price for the Conservation Easement shall be paid in full at closing, in accordance with paragraph "6" below and subject to the contingencies set forth in paragraph "7". The County will contribute a total of four hundred twenty-four thousand, five dollars ($424,005) to the purchase price of the Conservation Easement, using funds from the County. The remaining portion of the purchase price shall be provided by the Conservancy using funds provided by the USDA, and all transaction expenses including the survey, appraisal, title insurance, closing and administrative costs will be paid by the Conservancy using funds from The Wetland Trust. The exact amount of costs other than the purchase price will be determined on, or before, the closing date. See Exhibit D "Financial Worksheet" for more detail. The Owners will be responsible for all of their own costs and fees in relation to this agreement, including the New York State Transfer Tax. 3. SURVEY MAP. The Property to be subject to the Conservation Easement is shown on a survey map completed by Kirk K. Horton, Licensed Land Surveyor, titled, "Survey Map of Conservation Easement on the Domin Property" dated December 20, 2024 and last revised July 22, 2025, as shown in Exhibit B. The survey map will be filed with Office of the Dutchess County Clerk prior to closing. The survey shall be certified to the Owners, United States of America, the County, the Conservancy, and Stewart Title Insurance Company. Cost of the surveys will be borne by the Conservancy. 4. MONITORING. The Conservancy, in its role as a land conservation organization, has obtained extensive experience monitoring and administering conservation casements, and as holder of the Conservation Easement, will monitor and administer this Conservation Easement in furtherance of the shared farmland conservation goals of the County and the Conservancy. See Monitoring Agreement attached as "Exhibit C" APPRAISAL. (a) The Real Property Appraisal Report prepared by Al DeKrey, dated March 27, 2025, valued the Conservation Easement at eight hundred five thousand, one hundred forty-eight dollars ($805,148), or approximately $4,000 per acre. This valuation was based on the surveyed acreage of 201.287 acres. 6. CLOSING. Closing shall take place at the offices of the Conservancy at 4289 Route 82, Millbrook, New York on or about November 24, 2025, or at such other time and place as the parties shall mutually agree, promptly after funds are made available therefore, pursuant to the USDA, Dutchess County Partnership for Manageable Growth Grant Program, and The Wetland Trust, as referenced above. 7. CONTINGENCIES. This Agreement, and the closing are subject to the following contingencies: (a) Approval of the proposed Conservation Easement ("Exhibit B") by the USDA, and the County. If the Conservation Easement in Exhibit B is modified prior to closing, the modified Conservation Easement must also be approved by the Conservancy's Board of Directors. Receipt by the Conservancy of additional funds necessary to purchase the Conservation Fasement and pay related closing and administrative costs, through a USDA grant, Parcel Contract No. 542C3124161 (grant of S381,143 to be used toward the purchase price); the Dutchess County Partnership For Manageable Growth Program (an amount not to exceed $424,005 to be used toward the purchase price), and funds from The Wetland Trust be used toward the transaction costs). (C) Conveyance of title satisfactory to the USDA, the County, and the Conservancy, subject only to utility company rights, licenses and/or casements to maintain pole, lines, wires and other installations presently servicing the property providing same do not, in the judgment of funding agencies, significantly impede the purposes of the Conservation Easement or significantly reduce its value. (d) Any documentation, approvals or consents as may be required by the USDA, the County, or the Conservancy in order to comply with Program requirements. Conveyance, free of all mortgages and encumbrances of any nature whatsoever or, if any such mortgages or encumbrances exist, subordination of such mortgages or encumbrances to the Conservation Easement to the satisfaction of the USDA, the County, and the Conservancy. CANCELLATION. If the contingencies set forth in Section 7 are not satisfied, the County or the Conservancy may cancel this Agreement on written notice to the Owners and no party will have any claim or cause of action against any other arising out of this Agreement. Notwithstanding the above, if the parties have not successfully closed this matter by June 30, 2026, the Owners may cancel this Agreement upon written notice to the Conservancy at its address as shown herein, attention Rebecca E. C. Thornton, President, and no party shall have any claim or cause of action for damages against any other party arising out of this Agreement. 9. OWNER'S REPRESENTATIONS. The Owners represent that (a) they have, and will have at the closing, the power, and if applicable, corporate authorization to sell, transfer and convey the Conservation Easement to the Conservancy subject only to the terms of this agreement; (b) that the Owners are not aware of any actions or proceedings which affect the Owner's title to the Property; (c) that there are no uncured notices which have been served upon the Owners by any governmental agency, notifying the Owners of any violations of law, ordinance or regulation which would affect the Property; (d) there are no actual impending mechanics liens against the Property; and (e) that the Owners have not entered into, nor does there exist any license, lease, option, right of first refusal or other agreement, which affects title of the Property or would affect its obligations hereunder. The Owners have no knowledge of any condition at, on, under or related to the Property presently or potentially posing a significant hazard to human health or to the environment (whether or not such condition constitutes a violation of law that would result in liability to the Owners, County or Conservancy under any Federal, State or local environmental laws). Should any of the above representations or warranties cease to be true at any time prior to the closing, the Owners shall immediately so advise the County and Conservancy in writing, except insofar as the Owners have advised the County and Conservancy to the contrary. Each of the above representations and warranties shall be deemed to have been made as of the closing and shall survive the closing 10. NO BROKERS COMMISSION. Each of the parties represents that no broker was used in connection with this Agreement or with any of the transactions contemplated herein. 11. SEVERABILITY. Each provision of this Agreement is severable from any and all other provisions of the Agreement. Should any provision of this Agreement be, for any reason, unenforceable, the parties shall negotiate an equitable adjustment in the provisions of this Agreement with a view to effecting the purpose of this Agreement and the enforceability of the remaining provisions of this Agreement shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS Linda D. Fakhoury, Assistant County Attorney County Attorney's Office By: Susan J. Serino, County Executive STATE OF NEW YORK ) COUNTY OF DUTCHESS ) SS: On this , 2025, before me, the undersigned, personally appeared Susan J. Serino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in his capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public ....- IN WITNESS WHEREOF, the parties hereto have executed this Agreement. LANDOWNERS By: Stanley J. Domin By: Jay S. Domin DUTCHESS LAND CONSERVANCY, INC. By: Rebecca E. C. Thornton President STATE OF NEW YORK SS: COUNTY OF DUTCHESS ) , 2025, before me, the undersigned, personally appeared Stanley J. Domin, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF DUTCHESS ) SS: , 2025, before me, the undersigned, personally appeared Jay S. Domin, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF DUTCHESS ) SS: , 2025, before me, the undersigned, personally appeared Rebecca E.C. Thornton, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public EXHIBIT "A" TO GRANT AGREEMENT SOURCE DEEDS LEPE EXHIBIT "B" TO GRANT AGREEMENT CONSERVATION EASEMENT EXHIBIT "C" TO GRANT AGREEMENT MONITORING AGREEMENT 10 EXHIBIT "D" TO GRANT AGREEMENT FINANCIAL WORKSHEET Final Budget EXHIBIT D to the Grant Agreement Financial Worksheet Landowner/Seller: Stanley J. Domin and Jay S. Domin Buyer of Conservation Easement: Dutchess Land Conservancy, Inc. Property Name: Domin Farm Cons. Easement Acreage: 201.287 Location: Freedom Rd. and Rombout Rd. Town of LaGrange, Dutchess County, New York Parties to the Transaction Dutchess County ("County") DLC via NRCS Funds DLC via The Wetland Trust Funds Partner Totals $424,005 $381,143 $58,900.00 Value of Development Rights: Transaction Expenses: Total Project Budget: $805,148 $58,900.00 $864,048 Responsible Expenses Party Amount ($) Conservation Easement Acquisition Expenses Purchase Price County Purchase Price Total Purchase of Dev. Rights: DLC $424,005 $381,143 $805,148 Due Diligence/Transactional Expenses Title Insurance and Recording Fees Survey and Filing Fees DLC Easement Defense Insurance DLC Legal Fees Total Due Diligence/Transaction. DIC DLC DLC DLC DLC $3,500 $13,350 $5.000 550| $5,000 $26,900.00 Stewardship Expenses Baseline Documentation Report Stewardship Fee Total for Stewardship: DLC DLC $3.500 $10.000 $13,500 DLC Staff Expenses DLC Staff costs Total Contribution Paid Prior to Due at Closing Closing $424.005 $381.143 $18.350 $3,500 [Dues After Closing $37.050 Payment Timeline Prior to Closing At Closing DLC TOTAL PROJECT BUDGET: $18,500 $864,048.00 After Closing X Monitoring Agreement MONITORING AGREEMENT THIS AGREEMENT, made this day of , 2025, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "County"), and DUTCHESS LAND CONSERVANCY, INC., with offices at 4289 Route 82, Millbrook, New York 12545 (hereinafter referred to as the "Conservancy"). WITNESSETH: WHEREAS, the Conservancy has secured funding, which will result in the acquisition by the Conservancy of a Conservation Easement of approximately 201.287 acres of property owned by Stanley J. Domin and Jay S. Domin, operating as Domin Farm, located on Freedom and Rombout WHEREAS, the Conservancy has secured funds for this acquisition through the United States Department of Agriculture Natural Resources Conservation Service and The Wetland Trust, and the County will provide a matching share through the Dutchess County Partnership for Manageable Growth Program. WHEREAS, the Conservancy will hold the Conservation Easement on the Property, assuming such rights, obligations, and responsibilities as set forth therein, and the County will have third party enforcement rights pursuant to the terms of the Conservation Easement, and WHEREAS, the Conservancy, in its role as a land conservation organization, has obtained extensive experience monitoring and administering conservation easements, and as holder of the Conservation Easement, will monitor and administer this Conservation Easement in furtherance of the shared farmland conservation goals of the County and the Conservancy, and WHEREAS, this Agreement further defines the rights, obligations and responsibilities associated with monitoring and administering the Conservation Easement, NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 1. SCOPE OF SERVICES. The Conservancy is primarily responsible for enforcement of the Conservation Easement and for monitoring the Property in a systematic manner to ensure compliance with the terms of the Conservation Easement, as further set forth in the Conservation Easement, attached hereto and incorporated herein as "Exhibit A." The Conservancy shall provide, following the Standards and Practices established by the Land Trust Alliance, and, in strict compliance with all applicable federal, state and local laws, regulations and procedures, the services as set forth on "Exhibit B" annexed hereto and made a part of this Agreement. If any term of the Scope of Services (Exhibit B) contradicts or creates an ambiguity with any term of this Agreement, this Agreement shall govern. 2. TERM OF AGREEMENT This Agreement shall become effective upon the conveyance of a Conservation Easement of approximately 201.287 acres owned by Stanley J. Domin and Jay S. Domin on the Property (Dutchess County Tax Map Numbers 6362-04-671168, 6362-04-844138, 6462-03-030054, and 6462-03-047082) to the Conservancy and shall remain in effect as long as the Conservancy holds the Conservation Easement. Duchess Comn Stewardship and Monitoring Jercemen! 3. PAYMENT. The Conservancy has undertaken its responsibilities hereunder because the Conservation Easement to be acquired protects the agricultural values and natural resources of the Property and promotes the use of sound agricultural practices, which will further the Conservancy's charitable purposes of preserving the natural, ecological, cultural and scenic values of Dutchess County. In recognition of the costs the Conservancy may incur in monitoring compliance with the Conservation Easement, the Conservancy has secured, at no cost to the County, a stewardship fee of $10,000.00 to defray the costs of monitoring and administering the above referenced Conservation Easement. 4. INDEPENDENT CONTRACTOR STATUS. The Conservancy agrees that it is an independent contractor and that it shall not hold itself out to be an employee or officer of the County, and that therefore, no federal, state or local income tax or payroll tax of any kind shall be withheld or paid by the County on behalf of the Conservancy or its employees; that the Conservancy shall not be eligible for, and shall not be entitled to participate in, any employee pension, health, retirement or other fringe benefit plan of the County; that the Conservancy shall have no workers' compensation or disability coverage through the County for the Conservancy or its employees, and that the Conservancy shall not be entitled to make any claim against the County for these or any other rights or privileges of an officer or employee of the County. 5. INDEMNIFICATION BY THE CONSERVANCY. The Conservancy shall hold the County harmless from any and all claims or causes of action for damages arising directly or indirectly out of its negligence in the discharge of its responsibilities pursuant to this Agreement. 6. INDEMNIFICATION BY THE COUNTY. The County shall hold the Conservancy harmless trom any and all claims or causes of action for damages arising directly or indirectly out of its negligence in the discharge of its responsibilities pursuant to this Agreement. 7. INSURANCE REQUIREMENTS. At all times during the term of this Agreement, the Conservancy shall maintain at its own cost the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement: (a) Statutory Worker's Compensation coverage in compliance with the Compensation Law of the State of New York. (b) General Liability Insurance coverage in the comprehensive or commercial general liability form including blanket contractual coverage for the operation of the program under this Agreement in the amount of $1,000,000.00. This insurance shall include coverage for bodily injury and property damage and shall be on an occurrence form with a waiver of subrogation. The County must be listed as an additional named insured. Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the County Attorney at the address listed below: Dutchess County Attorney County Office Building 22 Market Street Poughkeepsie, New York 12601 Dutchess Count Stewardship and Montoring Agreement 2 On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Conservancy to replace any cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Conservancy to take out or maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Conservancy from any liability under this Agreement. All Certificates of Insurance shall be approved by the County Director of Risk Management prior to commencement of any work under this Agreement. All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York and acceptable to the County. In addition, every policy required above shall be primary insurance and any insurance carried by the County or its officers or employees shall be excess and not contributory insurance to that provided by the Conservancy. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Conservancy shall be solely responsible for any deductible losses under cach of the policies required above. Proof of additional insured coverage shall be evidenced through an additional insured endorsement provided by the insurance carrier. 9. USE OF PRIVATE AUTOMOBILES. The Conservancy represents that it does not own any automobiles and its employees use their own private automobiles when an automobile is necessary for Conservancy business. The Conservancy will ensure that all of its employees and any others discharging responsibilities pursuant to this Agreement, shall be licensed to drive in New York State and shall have, at least, the statutory insurance coverage required by New York State Law. 10. QUALIFICATIONS OF CONSERVANCY. The Conservancy represents it is a New York not-for-profit corporation within the meaning of Article 49, Title 3 of the Environmental Conservation Law of the State of New York (together with any successor statute, the "ECL"), is organized for, among other purposes, conserving real property, is a tax-exempt and qualified organization within the meaning of Sections 501(c)(3), 509(a)(1) and 170(b)(1)(A)(iv) of the Internal Revenue Code, and is a "qualified organization" to accept, purchase, and hold Conservation Easements under Section 170(h) of the Internal Revenue Code and Treasury Regulation Section 1.170A-14(c); and the Conservancy covenants that it will take all actions necessary to maintain such status at all times during the term of this agreement. The Conservancy specifically represents that it, and its members, officers, employees, agents, servants, consultants and sub-contractors, have the experience, knowledge, and character necessary to perform their particular duties under this Agreement. 11. NON-DISCRIMINATION. No services to be rendered pursuant to, or in connection with, this Agreement may be refused to any person because of age, race, color, creed, sex, national origin, disability or marital status. The Conservancy shall take all affirmative steps necessary to ensure equal employment Dutchess Count Stewardship and Monitoring Agreement 3 1.2.2.122 1.6.i opportunities without discrimination because of age, race, creed, color, sex, national origin, disability or marital status and to comply with all federal, state and local civil rights laws including, but not limited to, the Americans with Disabilities Act. 12. RETENTION OF RECORDS. The Conservancy agrees to maintain and have available for audit such records as may be required by the County, New York State or United States governmental agencies related to this Agreement and the Conservation Easement. These records shall be available for inspection by properly identified personnel of the above governmental agencies upon reasonable notice. The Baseline Documentation Report and the monitoring records shall be permanently maintained in an Archival Storage Facility. All correspondence pertaining to the Conservation Easement shall be maintained in perpetuity. Other records shall be maintained for a period of six (6) years on an ongoing basis unless the County requires otherwise. In such event, the County shall, upon request of the Conservancy, provide an Archival Storage Facility for such other records. In the event that the Conservancy were to cease to exist, cease to be a qualified organization under Section 170(h) of the Internal Revenue Code, or cease to be qualified to acquire and hold conservation easements under Article 49, Title 3, of the Conservation Law, the Conservancy agrees to transfer all records associated with this Agreement and the Conservation Easement to the County or to such private non-governmental organization or public agency, which has agreed to assume the responsibility of holding the Conservation Easement. 13. NON-ASSIGNMENT. This Agreement may not be assigned by the Conservancy and its right, title or interest therein may not be assigned, transferred, conveyed, sublet or disposed of without the previous written consent of the County. 14. NO FINANCIAL OBLIGATION FOR COUNTY. It is understood and agreed that neither this Agreement nor any representation by any public employee or officer creates any legal or moral obligation for the County to request, appropriate, or make available moneys for the purpose of this Agreement. 15. NOTICE. Except as otherwise provided in this Agreement, notice required to be given pursuant to this Agreement shall be made in writing and addressed to the following or such other person as the parties may designate: If to the County: any notices necessary or convenient hereunder shall be directed in writing to the Dutchess County Attorney and the Dutchess County Commissioner of Planning and Development, or their successors at their official addresses, which at present are: Dutchess County Attorney 22 Market Street Poughkeepsie, New York 12601 Attn: Linda Fakhoury, Assistant County Attorney Dutchess County Commissioner of Planning and Development 85 Civic Center Plaza, Suite 107 Poughkeepsie, New York 12601 Attn: Eoin Wrafter, Commissioner Dutchess Count Stewardship and Montoring Agreement 4 If to the Conservancy: any notices necessary or convenient hereunder shall be directed in writing to the President, or her successor at her official address, which at present is: Dutchess Land Conservancy, Inc. PO Box 138 Millbrook, New York 12545 Attn: Rebecca E. C. Thornton, President 16. NON-WAIVER. Failure of any party to exercise any rights under this Agreement for a breach thercof shall not be deemed a waiver thereof or a waiver of any subsequent breach. 17. SEVERABILITY. If any provision of this Agreement shall be held unenforceable, the rest of the Agreement shall nevertheless remain in full force and effect. 18. CHOICE OF LAW, VENUE. Any dispute arising directly or indirectly out of this Agreement shall be determined pursuant to the laws of the State of New York. The parties hereby choose the New York State Supreme Court, Dutchess County as the forum for any such dispute. 19. NO ARBITRATION. Disputes involving this Agreement, including the breach or alleged breach thereof, may not be submitted to binding arbitration but must instead be heard in accordance with the paragraph above entitled "Choice of Law, Venue." 20. SERVICE OF PROCESS. In addition to the methods of service allowed by the New York State Civil Practice Law & Rules ("CPLR"), the Conservancy hereby consents to service of process on it by registered or certified mail, retum receipt requested or by facsimile (fax) transmission. Service hereunder shall be complete when deposited in the United States mail, duly addressed and with proper postage or when the fax has connected. The Conservancy must promptly notify the County, in writing, of each and every change of address to which service of process can be made. Service by the County to the last known addresses shall be sufficient. The Conservancy will have thirty (30) calendar days after service is complete in which to respond. 21. CAPTIONS. The captions are inserted only as a matter of convenience and reference, and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect the terms hereof. 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original and shall constitute the same Agreement. 23. GENDER. Words of the masculine or feminine gender in this Agreement, unless the meaning of the sentence indicates otherwise, shall be deemed to refer to either male or female persons. 24. ENTIRE AGREEMENT. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement must be in writing and executed and acknowledged by the parties with the same formalities accorded this basic Agreement. Dutchess County Stewardship and Monitoring Agreement 5 [The remainder of this page intentionally left blank] Dutchess Cown Stewardship and Monitoring Agreement 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS Linda D. Fakhoury, Assistant County Attomey County Attorney's Office APPROVED AS TO CONTENT: By: Susan J. Serino, County Executive ACCEPTED: Dutchess Land Conservancy, Inc By: Eoin Wrafter Commissioner of Planning & Development Rebecca E. C. Thornton, President STATE OF NEW YORK COUNTY OF DUTCHESS ) ) SS: , 2025, before me, the undersigned, personally appeared Susan J. Serino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF DUTCHESS ) SS: , 2025, before me, the undersigned, personally appeared Rebecca E.C. Thornton, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public Duchess Counts Stewardship and Monitoring Agreemen 7 EXHIBIT A TO THE MONITORING AGREEMENT CONSERVATION EASEMENT Duchess Count Stewardship and Monitoring Agreement 8 EXHIBIT B TO THE MONITORING AGREEMENT SCOPE OF SERVICES The parties recognize that this Scope of Service outlines the monitoring techniques presently contemplated. As these techniques change over time, the general intent of this Scope of Services will be maintained. A. B. C. D. E. General Approach • In-person site visit and/or fly over property by aerial over flight by Conservancy staff to ensure compliance with the Conservation Easement. Minimum Frequency for Monitoring Visits • Aerial monitoring to occur annually, typically in the late fall to early spring when the foliage is off vegetation. Ground monitoring of the property to occur approximately once every three years. Monitoring during hunting season will be avoided. Procedure • Verify property ownership before monitoring to detect any changes. • Contact landowner by letter well in advance of visit. Site visits can be done with landowner present, although it is not necessary for the landowner to be present during the visit. • Review baseline file including: (1) Conservation Easement or Conservation Easement Summary (2) Baseline documentation maps and photographs (3) Existing Conditions Report (4) Previous monitoring records Ground Monitoring • Visit property, bringing: (1) Copy of Conservation Easement (2) Camera (3) Tablet/GPS Device with property details and other features loaded (4) Maps showing boundaries and other property features (5) Compass, measuring tape, and fluorescent flagging (6) Copy of report and materials from most recent ground monitoring visit (7) Copy of the property's structure inventory and structure photos (8) Copies of relevant correspondences • Meet with landowner (upon request), review casement terms, answer any questions • Inspect property: (1) Find and walk boundaries (2) Check trouble spots identified by prior visits, acrial imagery or correspondence (3) Note and photograph any significant changes to the property, natural or manmade (4) Photograph structures and take measurements when needed (5) Write report using GPS data, photographs and observations made in the field (6) Identify problems that merit follow-up from the Conservancy Acrial Monitoring • Acrial monitoring to be performed by Conservancy staff who know the property and can interpret the property from the air • Prepare flight plan Dutchess County Stewardship and Monitoring greement 9 (1) Easement summary (2) Camera, back up camera (3) Maps showing boundaries and other property features (4) Notebook, pens/pencils • Note any changes/questionable areas and take photographs • Follow up questionable areas with on-the-ground inspection F. Post-Inspection Record Keeping • Fill out inspection form, sign and date it • Label and file photographs as an addendum to the baseline files • Send landowner letter summarizing findings • Send County letter summarizing findings • Store monitoring records safely together. Archive originals with original Baseline Documentation Report and keep one copy in the office for reference. G. Landowner Relationships • Landowner Contact - a good working relationship with the landowner is fundamental to a successful stewardship program (1) Build a spirit of cooperation, beginning before casements are signed (2) Explain monitoring program, easement holder's role in enforcement, what the landowner can expect (3) Personally contact a new landowner any time land changes hands, even within the same family (4) Make sure new owner understands the purposes and terms of the casement and the monitoring program (5) Maintain personal contact with all landowners periodically, even if acrial monitoring H. Handling Violations • In the event of a violation of, or non-compliance with, the terms of the Conservation Easement, the Conservancy will notify the County in writing within 48 hours or two business days of the discovery. • The Conservancy, as lead monitor, will then notify the landowner about the violation. • The Conservancy will try to resolve the problem through negotiation: (1) Establish plan for restoration and set a deadline for compliance (2) Follow up all contacts in writing, via certified mail (3) Inspect restoration work and document compliance • Consult County Attorney's office if violation activity continues or if landowner refuses to cooperate with restoration plan. Dutchess County Stewardship and Montoring Agreement 10 Title Report DETES! SMPR TITLE AGENCY, INC. Albany/Troy Hudson/Poughkeepsie Saratoga/Schenectady 50 Chapel St, Albany, NY 12207 One Hudson City Centre, Hudson, NY 12534 517 Broadwav, Suite 204 Saratoga Springs, NY 12866 Ph 518-434-0127: Fax 518-434-9097 Ph 518-828-1351 Fax 518-828-749+ Ph 518-885-8700: Fax 518-88+-2504 e-mail - [email protected] website - www.smprtitle.com APPLICANT Emily Kelderhouse Dutchess Land Conservancy Reference: Dutchess Land Conservancy from Domin, a/k/a Jay S. Domin, etal. REPORTS HAVE BEEN SENT TO Title Number M-087042-A Phone: 845-677-3002 Fax: Email: [email protected] PROPERTY INFORMATION Rombout Road, La Grange, NY County: Dutchess Town: La Grange Tax ID Sec. 6362 Block 04 Lot 671168 234 Rombout Road, La Grange, NY County: Dutchess Town: La Grange Tax ID Sec. 6362 Block 04 Lot 844138 253 Freedom Road, La Grange, NY County: Dutchess Town: La Grange Tax ID Sec. 6462 Block 03 Lot 030054 245 Freedom Road, La Grange, NY County: Dutchess Town: La Grange Tax ID Sec. 6462 Block 03 Lot 047028 PARTIES Buyer(s): SERVICES TITLE POLICIES Owners Policy: Underwriter: Owner(s): Jay Stanley Domin, a/k/a Jay S. Domin and Stanley John Domin, a/k/a Stanley J. Domin Dutchess Land Conservancy $805,148.00 Easement Stewart Title Guaranty Company Fee Premium: $3,016.00 Report Printed On 08/05/2025 Page 1 of 1 SMPR TITLE AGENCY, INC. Albany/Troy 50 Chapel St, Albany, NY 12207 Hudson/Poughkeepsie Saratoga/Schenectady One Hudson City Centre, Hudson, NY 12534 517 Broadway, Suite 20+ Saratoga Springs, NT 12866 Ph 518-434-0127 / Fax 518-434-9997 Ph 518-828-4351: Fax 518-828-7494 Ph 518-885-8700: Fax 518-884-2564 e-mail - [email protected] website www.smpittle.com. Title No.: Client: Applicant: Reference: Premises: Owners: Buyers: M-087042-A Emily Kelderhouse TITLE CLOSING INVOICE Dutchess Land Conservancy Closing Date: Dutchess Land Conservancy from Domin, a/k/a Jay S. Domin, etal. Rombout Road, La Grange, NY (And Others) Sec. 6362 Block 04 Lot 671168; Sec. 6362 Block 04 Lot 844138; Sec. 6462 Block 03 Lot 030054; Sec. 6462 Block 03 Lot 047028 Jay Stanley Domin, a/k/a Jay S. Domin and Stanley John Domin, a/k/a Stanley J. Domin Dutchess Land Conservancy CHARGE DESCRIPTION BUYER(S) COMPANY CHARGES SELLERS) LENDER(S) • Policy Premiums Owners Policy Premium $3,016.00 • Endorsements : • Other Charges TITLE POLICIES AND INFORMATION Easement Policy for $805,148.00 (Premium $3,016.00) Underwriter Compensation $422.24, Title Agent Compensation $2,593.76 Property Type is Farm Property Underwriter: Stewart Title Guaranty Company + items are subject to NYS Sales Tax TOTAL COMPANY CHARGES: $3,016.00 ESCROW AND PASS THROUGH CHARGES Recording Taxes Transfer Tax New York State (TP584) Recording Fees TP-584 Filing Fee $0.00 $3,222.00 $5.00 $0.00 Escrows TOTAL ESCROW AND PASS THROUGH CHARGES: TOTAL TO SMPR $0.00| $3,016.00| $3,227.00 $3,227.00 $0.00 GRAND TOTAL: $6,243.00 DISCLOSURE INFORMATION VOTICE: Title costs for this transaction may include charges for certain services not specified in the state approved Rate Manual and ar provided by this Company at the request of your lender or attorney. In accordance with New York State Department of Financial Services 11 NYCRR228 (Insurance Regulation 208) we are required to notify you that: SMPR Title Agency employees or representatives of SMPR are not allowed to accept any tips or gratuities. We have also been required to change some of the fees listed on our website. Thank you for your understanding and for your continued support. Printed on 06/25/2025 2:21:48 PM (Continued on next page). Page 1 of 2 SMPR TITLE AGENCY, INC. Albauy/Troy 50 Chapel St, Albany, NY 12207 Hudson/Poughkeepsie Saratoga/Schenectady One Hudson City Centre, Hudson, NY 12534 S17 Broadway, Suite 204 Saratoga Springs, NY 12866 Ph 518-434-0127 : Fax 518-434-9997 e-mail - into @smprtitle.com Ph 518-828-4351 : Fax 518-828-7494 Ph 518-885-8700 : Fax 518-884-2564 website - www.smprttle.com For Company Use Only: CHECK FROM/TO CHECK NO. COMPANY PAYMENT Printed on 06/25/2025 2:21:48 PM DIRECT PAYMENT DE !BE TOTAL: Page 2 of 2 Insurer: Order Number: Owner(s): Purchaser(s): Lender: Property: OWNER/SELLER/SURVEY AFFIDAVIT Stewart Title Guaranty Company by SMPR Title Agency, Inc., Agent M-087042-A Jay Stanley Domin, a/k/a Jay S. Domin and Stanley John Domin, a/k/a Stanley J. Domin Dutchess Land Conservancy Rombout Road, Town of La Grange, County of Dutchess, NY STATE OF NEW YORK COUNTY OF SS.: The undersigned Owners), being duly sworn depose(s) and says): and occupied the premises for 2) I/We have been known by no other name within the last ten years, except 3) I/We know of no unsatisfied judgment, lien, federal tax or encumbrance on the Property or against me/us. I/We am/are not currently in bankruptcy. All association dues, real estate taxes, water and sewer rents and/or charges against the Property are paid to date. 4) (If applicable) My/Our attention has been called to certain judgments, warrants, tax liens and/or bankruptcies against persons with names similar to mine/ours. I/We are not the debtors named therein. I/We have never resided or conducted business at any of the addresses shown for debtors 5) The Property is being used solely for residential purposes. There are no tenants, lessees or other persons in possession of any portion of the Property except: (If Applicable) Such tenants are month-to-month or pursuant to written lease for terms not in excess of __ months without rights to renew. No lease contains an option to purchase the Property. 6) I/We am/are fully familiar with the buildings and improvements on the Property and on all adjacent properties am/are able to state that no portion of the buildings. improvements, structures or any additions, fences, pool, deck or driveway project over or beyond the boundary lines of the Property or onto the Property from an adjacent property and that I/we know of no violation of the restrictions of record by the buildings and improvements. There have been no buildings or exterior improvements constructed on the Property within the last two years, except 7) (If applicable) A survey dated except made by _ shows the premises as they exist today. 8) If the Insurer is forwarding payment to the holder of any existing mortgage in satisfaction thereof, /we agree to pay any additional sums which may be required by such holder to obtain a discharge of mortgage. I/e appoint the Insurer my/our agent for the purpose of taking any actions necessary to obtain such discharge. 9) If this is a sale, I/we am/are not taking back a purchase money mortgage as part of the sale price. 10) I/We are/are not a party in any matrimonial action brought to obtain a separation, a divorce, an annulment, a declaration of the validity, nullity, or dissolution of my marriage, or for the purpose of obtaining maintenance or a distribution of marital property. (DRL Section 236). 11) The Home Equity Theft Prevention Act Compliance: (STRIKE OUT STATEMENTS THAT DON'T APPLY) That (a) I/we am/are not in default of any mortgage payments affecting the Property; (b) that I/we will not reside in the Property after I/we transfer title to the Purchasers); (c) that no person other than the Purchaser(s) have a right to acquire an interest in the Property: (d) that Purchasers) has/have not told me/us that I/we have the right to buy back the Property, or in any manner or under any circumstances will I/we be able to move back into the Property at a future date: (e) that l/we am/are not the spouse of the Purchaser, or the Purchaser's parent, grandparent, child, grandchild or the sibling of such a person or such person's spouse; and (f) that the Purchasers) has/have not told me/us that Purchasers) are assisting me to retain ownership in the Property or to reacquire the Property in the future 12) This affidavit is made to induce Stewart Title Guaranty Company by SMPR Title Agency, Inc., it's agent to issue policy(ies) of title insurance covering the Property knowing they are relying on the statements made herein. Owner(s) Sworn to before me this day of Owner(s) , 20 Notary Public Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. CERTIFICATE FOR TITLE INSURANCE Stewart Title Guaranty Company ("the Company") certifies to the proposed insured named in Schedule A that an examination of title to the premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of title insurance policy authorized by the Insurance Department of the State of New York, in the amount set forth herein, insuring the interest set forth herein, and the marketability thereof, in the premises described in Schedule A after the closing of the transaction in conformance with the requirements and procedures approved by the Company and after the payment of the premium and fees associated herewith excepting (a) all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy and (b) any question or objection coming to the attention of the Company before the date of closing, or if there be no closing, before the issuance of the policy. This agreement to insure shall terminate (1) if the prospective insured, their attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company; or (2) upon the issuance of title insurance in accordance herewith. In the event that this Certificate is endorsed and redated by an authorized representative of the Company after the closing of the transaction and payment of the premium and fees associated herewith, such "redated" Certificate shall serve as evidence of the title insurance issued until such time as a policy of title insurance is delivered to the insured. Any claim made under the redated Certificate shall be restricted to the conditions, stipulations and exclusions from coverage of the standard form of title insurance policy issued by the Company. CONDITIONS AND STIPULATIONS 1. This Certificate shall be null and void: A. if the fees therefore are not paid; B. if the prospective insured, their attorney or agent makes any untrue statement with respect to any material fact, or if any untrue answers are given to material inquiries by or on behalf of the Company; C. when the policy shall issue provided that the failure to issue such policy is not the fault of the Company; D. until the amount of the policy or policies requested is inserted in Schedule A hereof by the Company, either at the time of the issuance of this Certificate or by subsequent endorsement. 2. If the title, interest or lien to be insured was acquired by the prospective insured prior to delivery hereof, the Company assumes no liability except under its policy when issued 3. The liability of this Company under this Certificate shall not exceed the amount stated in Schedule A hereof and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies shown in Schedule A hereof in favor of the proposed insured which are hereby incorporated by reference and are made a part of this Certificate except as expressly modified herein. This certificate is intended for lawyers only. Such exceptions as may be set forth herein may affect marketability of title. Your lawyer should be consulted before taking any action based upon the contents of this certificate. The Company's representative at the closing hereunder may not act as legal advisor to any of the parties or draw legal instrument for them. Such representative is permitted to be of assistance only to an attorney. It is advisable to have your attorney present at the THIS REPORT IS NOT A TITLE INSURANCE POLICY! PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. I WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed t s duly authorized officers on the date shown in Schedule / Stewart Title Guaranty Company By: SMPR Title Agency, Inc. By: _ Its Authorized Officer or Agent - Direct questions to: Donna S. Redgrave SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE A 2. Effective Date: 6/4/2025 Redated: Policy or Policies to be issued: (a) ALTA Owners Policy 2021 with Standard New York Endorsement Proposed Insured: Dutchess Land Conservancy (b) ALTA Loan Policy 2021 with Standard New York Endorsement Proposed Insured: (c) ALTA Loan Policy 2021 with Standard New York Endorsement Proposed Insured: The following endorsements are a part of this policy: TIRSA Standard New York Endorsement - Owners Policy $805,148.00 Title to the Fee Simple estate or interest in the land described or referred to in this commitment is at the effective date hereof vested in: Jay Stanley Domin and Stanley John Domin, a/k/a Jay S. Domin and Stanley J. Domin Jay Stanley Domin and Stanley John Domin acquired title from Joseph C. Domin and Jacob S. Domin by deed dated December 27, 1980 and recorded in the Dutchess County Clerk's Office on December 31, 1980 in Book 1550 page 30; Jay S. Domin and Stanley J. Domin acquired title from Stamp Enterprises, Inc. by deed dated February 19, 1982 and recorded in the Dutchess County Clerk's Office on February 19, 1982 in Book 1574 4. The land referred to in this Commitment is described as follows: "SEE SCHEDULE A DESCRIPTION ATTACHED" For Information Only: Address: Rombout Road, La Grange, NY; 234 Rombout Road, La Grange, NY; 253 Freedom Road, La Grange, NY; 245 Freedom Road, La Grange, NY Section 6362 Block 04 Lot 671168 Section 6362 Block 04 Lot 844138 Section 6462 Block 03 Lot 030054 Section 6462 Block 03 Lot 047028 Title Certification - Page 1 of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 TITLE CERTIFICATION 11:2:12 Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE A DESCRIPTION Domin Property Conservation Easement ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of LaGrange, County of Dutchess and State of New York, being bounded and described as follows: Beginning at the southeasterly corner of the herein described Conservation Easement at a point in the southwesterly line of Freedom Road (County Road 47) located at New York State Plane East Zone Coordinates of 1,045,488.12 feet North, by 678,645.81 feet East; Thence along lands now or formerly of Rutkowski, described by deed recorded in Document No. 2- 2010-5911, in part, and lands now or formerly of Ipoll Realty Corp., described by deed recorded in Liber 1095 of Deeds at page 655, in part, South 78°58'24" West for 354.48 feet to the east end of a stone wall, South 79°10'44" West for 188.45 feet to a point in said wall, South 80°19'58" West for 192.32 feet to the west end of said wall, South 82°03'40" West for 199.36 feet to a Central Hudson Gas & Electric marker, South 81°09'10" West for 562.89 feet partly along a stone wall to the west end of said wall, South 84°59'48" West for 73.03 feet to the east end of a stone wall, South 83°31'00" West for 102.62 feet to a point in said wall, South 78°48'22" West for 190.80 feet partly along said wall and the range thereof to the east end of a stone wall, South 86°21'41" West for 42.39 feet to a point in said wall, South 79°03'13" West for 157.18 feet to a point in said wall, South 73°39'15" West for 53.90 feet to a corner of said wall, North 70°51'11" West for 53.31 feet to a stone wall corner; North 79°59'54" West for 363.88 feet to a point in said wall, and North 78°49'00" West for 100.14 feet to a stone wall corner; Thence along lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2016-2225, North 79°52'45" West for 85.47 feet to a point in said wall, North 78°18'00" West for 741.44 feet to a point in said wall, North 76°52'24" West for 86.33 feet to a point in said wall, North 78°51'07" West for 504.24 feet to a wall corner; North 79°17'22" West for 108.21 feet to a point in said wall, North 77°27'50" West for 155.95 feet to a point in said wall, North 79°19'38" West for 159.02 feet, and North 78°21'20" West for 328.98 feet to a point at or near the west end of said wall; Thence along lands now or formerly of Con Edison Company of New York, described by deed recorded in Liber 517 of Deeds at page 396, North 0°57'08" East for 2681.43 feet to a point in a stone wall; Thence along lands now or formerly of Bilmar Nurseries, Inc., described by deed recorded in Liber 1922 Schedule A - Legal Description - Page 1 of 3 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 misin. LEGAL DESCRIPTION Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. of Deeds at page 58, North 76°24'08" East for 103.31 feet to an iron rod found in said wall; Thence along lands now or formerly of Reilly, described by deed recorded in Document No. 2-2022- 2123, North 77°30'39" East for 61.42 feet to a point in said wall, North 75°28'49" East for 160.58 feet to a point in said wall, North 80°15'11" East for 96.63 feet to a point in said wall, and North 77°15'24" East for 100.23 feet to a point in said wall; Thence along lands now or formerly of Castillo, described by deed recorded Document No. 2-2023- 52566, North 79°05'29" East for 167.72 feet to a point in said wall; Thence along lands now or formerly of Sonnenberg, described by deed recorded in Document No. 2- 2024-1268, North 67°58'24" East for 65.15 feet to a point in said wall, North 7758'56" East for 41.90 feet to a point in said wall, North 72°23'23" East for 23.99 feet to a point in said wall, and North 58°47'56" East for 48.53 feet to a stone wall corner; Thence along lands now or formerly of NG, described by deed recorded in Document No. 2-2014-6211, in part, lands now or formerly of Graham, described by deed recorded in Document No. 2-2002-3524, in part, and lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2024-3366, South 34°10'39" East for 26.92 feet to a point in said wall, South 30°04'41" East for 228.61 feet to the south end of said wall, South 28°34'04" East for 53.93 feet, South 29°14'31" East for 160.30 feet, South 38°51'41" East for 64.50 feet, South 27°46'31" East for 91.57 feet, South 34°24'11" East for 80.24 feet, South 26°40'14" East for 168.14 feet to the north end of a stone wall South 13°17'07" East for 41.43 feet to a point in said wall, South 28°38'20" East for 20.87 feet to a point in said wall, South 16°39'41" East for 51.41 feet to the south end of said wall, South 24°39'03" East for 43.52 feet to the north end of a stone wall, South 21°58'09" East for 111.13 feet to a point in said wall, South 18°09'39" East for 54.63 feet to a point in said wall, South 24°38'35" East for 42.76 feet to a point in said wall, and leaving said wall, North 41°03'30" East for 1380.67 feet to an iron rod set; Thence along the westerly line of Rombout Road, South 27°46'38" East for 90.03 feet, South 24°52'38" East for 324.66 feet, South 33°28'58" East for 82.16 feet, and South 55°01'19" East for 80.61 feet; Thence along lands now or formerly of Garrison, described by deed recorded in Document No. 2-2022- Schedule A - Legal Description - Page 2 of 3 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 LEGAL DESCRIPTION Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. 5193, South 8°39'02" West for 1421.95 feet to an iron rod set, South 47°44'35" East for 304.00 feet to an iron rod found, and North 83°58'15" East for 205.00 feet to an iron rod found; Thence along lands now or formerly of Zwinscher, described by deed recorded in Liber 1807 of Deeds at page 508 North 83°58'15" East for 470.02 feet; Thence along lands now or formerly of Leight & Percival, described by deed recorded in Liber 1663 of Deeds at page 668, in part, lands now or formerly of Getzman & Estevez, described by deed recorded in Document No. 2-2020-52201, in part, and lands now or formerly of Lucas & Toni, described by deed recorded in Liber 1585 of Deeds at page 689, in part, South 26°46'26" East for 688.00 feet to an iron rod found, and North 77°04'44" East for 668.63 feet; Thence along the westerly line of the earlier mentioned Freedom Road, South 22°03'06" East for 5.00 feet, South 34°23'06" East for 103.60 feet, South 40°07'26" East for 118.33 feet to the base of a broken-off metal fence post, and South 40°07'26" East for 452.46 feet to the point or place of beginning; Schedule A - Legal Description - Page 3 of 3 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 LEGAL DESCRIPTION Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE B - REQUIREMENTS I. IDENTITY OF PARTIES. Photo identification must be presented at closing for all parties (sellers, purchasers, borrowers) to the transaction to be insured herein. SECTION 13 OF LIEN LAW Deeds and mortgages must contain the covenant required by Section 13 of the Lien Law and such covenant must be absolute and not conditional. The covenant is not required in deeds from referees or other persons appointed by a court for the sole purpose of selling property. Ill. ASSIGNMENT OF MORTGAGE OR OTHER LIENS When the transaction is an assignment of a mortgage or other lien, an estoppel certificate executed by the owner of the fee and by the holders of all subsequent encumbrances must be obtained. When the transaction is a mortgage, the amount actually advanced should be reported to the Company. MATTERS AFTER EFFECTIVE DATE OF CERTIFICATE Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the Certificate. CONTRACT If this certificate requires a conveyance of the fee estate and the contract has not been submitted to the Company, it should be furnished for consideration prior to closing. VI. PROOF OF NO OTHER NAME Proof is required to show that the persons certified as owners herein have not been known by any other name in the 10 years last past. If they have been known by another name, all searches must be amended and run against such name and title is subject to returns, if any, on such amended searches. VII. PERSONAL PROPERTY Title to any personal property, whether the same be attached to or used in connection with the premises. (The policy to be issued will contain an exception as to this item without change or modification). MARKET VALUE ENDORSEMENT - APPLIES TO RESIDENTIAL OWNERS POLICY ONLY Section 6409(c) of the Insurance Law requires that title companies offer, at or prior to closing, an optional endorsement to cover the owner-occupant of real property used predominantly for residential purposes and consisting of not more than four dwelling units, for loss in excess of the purchase price (policy stated amount of liability) and up to the future market value of the property. If you do not wish this additional optional coverage, you must waive the same by signing below. Purchaser Purchaser Schedule B - Requirements - Page 1 of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 SCHEDULE B REQUIREMENTS = FeeP Loan P Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE B - SECTION 1 MATTERS TO BE DISPOSED OF: The following are the requirements to be complied with: Owner/Sellers Affidavit must be completed and submitted to this Company. Searches for Judgments, State Tax Warrants and Federal Tax Liens have been made in the indexes on file in the County Clerk's Office in which the property is located against the following: Names: Jay Stanley Domin, a/k/a Jay S. Domin Stanley John Domin, a/k/a Stanley J. Domin Returns: NONE The 2025/2026 School Tax becomes a lien on July 1st. Bills not yet available from the taxing authority until September. For closings on or after July 1st, the school tax will be excepted as a lien not yet due and payable. Interest to be insured hereunder is a Conservation Easement as defined by Environmental Conservation Law, Article 49, Title 3. Schedule B Section 1 - Matters To Be Disposed Of - Page 1 of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 SCH B § 1 ITEMS TO BE DISPOSED OF Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE B - SECTION 2 EXCEPTIONS FROM COVERAGE: Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by Discriminatory overatis redied, tory diated, retined arment repulsed or recole ye the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: Fee P Loan P Rights of tenants or persons in possession, if any. OMIT 6/25/2025 DR Subject to any state of facts that an accurate survey would show. 3. OMIT 6/25/2025 DR Exact location, courses and distances of the premises described in Schedule "A" cannot be guaranteed without an accurate survey. 4. Rights and easements, if any, of public utility companies and municipalities to maintain and operate installations on the premises herein and streets adjacent thereto. No title is insured to any land lying in the bed of any street, avenue, road or highway abutting, adjoining, passing through or crossing the premises herein. 6. Covenants and Restrictions - Book 1574 page 486. 7. Any state of facts shown on filed map #6319 and filed map #5833. 8. REVISED 1/5/2024 DR Rights and easements conveyed and reserved in Book 517 page 396. 9. Rights and easements conveyed and reserved in Book 1236 page 122. 10. ADDED 6/25/2025 DR Easement to Central Hudson Gas & Electric Corp. in Book 670 page 630. 11. ADDED 6/25/2025 DR Easement to Central Hudson Gas & Electric Corp. in Book 1001 page 158. 12. REVISED 8/4/2025 DR Survey dated December 20, 2024, revised July 22, 2025 made by Kirk Horton, LS (Job No. *) shows the following exceptions to coverage: (a) Central Hudson Gas & Electric Easement per Book 670 page 630 runs through the oremises. Schedule B Section 2 - Exceptions - Page 1 of 2 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 SCH B § 2 EXCEPTIONS Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SCHEDULE B - SECTION 2 EXCEPTIONS FROM COVERAGE: Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: Fee P Loan P (b) Stream runs through premises. Riparian rights and easements of others are excepted. END Schedule B Section 2 - Exceptions - Page 2 of 2 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 SCH B § 2 EXCEPTIONS Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. SMPR TITLE AGENCY, INC., ("SMPR") requires that all payoffs be handled through SMPR's Mortgage Payoff & Discharge Service in order for SPR to issue title insurance. REQUIREMENTS UNDER SMPR MORTGAGE PAYOFF & DISCHARGE SERVICE 1. 2. 3 4 The payoff letter must be provided to SMPR 5 days prior to closing; The payoff check must include 5 additional days of interest, plus weekends and holidays; The payoff check must be in compliance with the payoff letter; and The payoff amount must be verified by the SMPR closer or employee at or prior to closing The Discharge recording fee must be made payable to SMPR, not to the County Clerk, if the recording fee is not included in the payoff amount. MORTGAGE SCHEDULE NONE OF RECORD Mortgage Schedule - Page 1 of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 MORTGAGE SCHEDULE Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. TAXES, ASSESSMENTS, WATER RATES, AND SEWER CHARGES WHICH ARE LIENS ON REAL PROPERTY ASSESSED VALUATION: Land $511,058 Total $511,058 SCHOOL DISTRICT: Arlington CSD EXEMPTION: AG IN DIST CODE: 41720 ASSESSED TO: Jay Stanley Domin and John Domin AMOUNT: $465,872 (C/T/S)^ ASSESSED AS: Rombout Rd PROPERTY CODE & TYPE: 105 - Vacant Farmland ACRES OR DIMENSIONS: 118.40 Acres COUNTY OF: Dutchess MUNICIPALITY: Town of La Grange SWIS CODE: 133400 SBL OR GRID NO.: Section: 6362 Block: 04 Lot: 671168-0000 RETURNS (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced at closing.) 2025 Town and County Tax (Period 1/1-12/31, Due 1/1) Full Tax $524.62 (includes Exemption Savings) PAID 1/31/2023 ^Above Property Tax is based on Exemption AG IN DIST of $465,872. *Property Tax Bill Attached 2024/2025 School Tax (Period 7/1-6/30, Due 9/1) Full Tax $1,151.80 (includes Exemption Savings) PAID 10/7/2024 *School Tax Bill Attached TAX SEARCH Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut. Tax Search - Page 1of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 TAX & OTHER SEARCHES 6/18/25, 4:50 PM Property and summary tax balance information for the selected parcel is shown to the right Exemptions are displayed as well if they exist for the property You can view or hide tax bail detar and any payments by clicking the bar near the bottom of the page If the property appears in other tax years. you can quickly view the tax history for the property Just select a tax year from the drop-down list at the top of the page To request a signed Tax Certification, click the "Request Signed Certificate" button at the holtom of the page. Re-select from your matching property list Info-Tax Online TOWN OF LaGRANGE - Arlington Dat to sec evi, Rec. of Taxes, 120 Stringham Road, Lagrangeville, NY 12540 845-152-1830 Ext. 101 For Tax Year: 2024 School Tax v Last Updated: 05/08/25 03:59 pm Owner: Domin Jay Stanley Stanley Inhn 37 Mountain Rd Pleasant Valley. NY 12569 Location: Rombout Rd SWIS: 133400 La Grange 41720 AG DIST CN 465,872 x Map # 6362-04-671168-001 ax Bill # 00133 Bank Code: School Code: 134601 Property Class: 105 Tax Roil: 1 Acreage: 118.4 Frontage: Depth: Liber: 1550 Page: 0030 Full Value Assessment STAR Savings: Tax Amount: Tax Paid: Balance: 19.80 11.05 0.00 1,151.80 1,151.80 0.00 School Taxes (Homestead) 156.003.350 45,186 25.490274 10/07/24 it i'ver STANLEY DOMIN 1,151.80 Tax Balance does not include any accrued Late Fees Payments shown may not include ayments made directly to the Count Lato Fee Schedule | Tax Cortification / 1,151.80 Copyright (c) 2014-2019 BTW Associates, Inc. Information Disclaimer https://infotaxonline.com/ViewProperty.aspx 1/1 6/18/25, 4:53 PM Info-Tax Online no tax Ou TOWN OF LaGRANGE Dar he SeCond, Rec. of Tax, 120 Stringham Ret, Lagrangervile, NY 12510 (845) 452-1830 Ext. 101 Property and summary lax balance tornation tor the selected parcel is shown to the right Exemptions are displayed as well if they exist for the property For Tax Year: Last Updated: 01/03/25 12:22 pm You can view or hide tax bill detail and any payments by choking the bar near the bottom of the page. If the property appears in other tax years, you can quickly view the tax history for the property. Just select a tax year from the drop-down list at the top of the page To request a signed Tax Certfication, click the "Request Signed Cecificate" button at the boltom of the page. Re-select from your matching property list 2025 Property Ta Owner: Domin Jay Stanley Stanley John 37 Mountain Rd Pleasant Valley. NY 12569 Location: Rombout Rd SWIS: 133400 La Grange 41720 AG DIST CN i sampaise 465.872 ax Map # 6362-04-671168-000 ax Bill # 00156 Bank Code: School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 118.4 Frontage: Depth: Liber: 1550 Page: 0030 Full Value Assessment STAR Savings: Tax Amount: Tax Paid: Balance: 19.80 511.05 0.00 524.62 524 62 0.00 Hide Fed and Payment Dolds : Tax Description County Tax Town Tax La Grange Fire Tax levy 102,108,559 6.644,477 10.447,512 45,186 45.186 45.186 RalL: 1000 3.055116 3.356141 5.199017 01/31/25 STANLEY DOMIN 1476 524.62 Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification | Request Certification / The Arecord 138.05 151.65 234.92 Copyright (c) 2014-2019 BTW Associates. Inc. Information Disclaimer https://infotaxonline.com/ViewProperty.aspx 1/1 Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. TAXES, ASSESSMENTS, WATER RATES, AND SEWER CHARGES WHICH ARE LIENS ON REAL PROPERTY ASSESSED VALUATION: Land $406,500 SCHOOL DISTRICT: Arlington CSD Total $406,500 EXEMPTION: AG IN DIST CODE: 41720 AMOUNT: $379,376 (C/T/S)^ ASSESSED TO: Jay S Domin and Stanley J Domin ASSESSED AS: 234 Rombout Rd PROPERTY CODE & TYPE: 105 - Vacant Farmland ACRES OR DIMENSIONS: 72.10 Acres COUNTY OF: Dutchess MUNICIPALITY: Town of La Grange SWIS CODE: 133400 SBL OR GRID NO.: Section: 6362 Block: 04 Lot: 844138-0000 RETURNS (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced at closing.) 2025 Town and County Tax (Period 1/1-12/31, Due 1/1) Full Tax $314.92 (includes Exemption Savings) PAID 1/31/2025 ^Above Property Tax is based on Exemption AG IN DIST of $379,376. *Property Tax Bill Attached. 2024/2025 School Tax (Period 7/1-6/30, Due 9/1) Full Tax $691.40 (includes Exemption Savings) PAID 10/7/2024 *School Tax Bill Attached. TAX SEARCH Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut Tax Search - Page 1of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 TAX & OTHER SEARCHES 6/18/25, 4:44 PM Property and summary tax balance information for the selected parcel is shown to the right. Exemptions are displayed as well if they exist for the property. You can view or hide tax bill detail and any payments by chicking the bar near the bottom of the page. If the property appears in other tax years. you can quickly view the tax history for the property. Just select a tax year from the drop-down list at the top of the To request a signed Tax Certification. click the "Request Signed Certificate" button at the bottom of the page Re-select from your matching properly list Info-Tax Online TOWN OF LaGRANGE - Arlington Dato: scount, Rec of taxes, 120 stringham Road, Lagangerie, NY 12510345152-1830 Ex. 101) For Tax Year: 2024 School Tax y Last Updated: 05/08/25 03:59 pm Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley. NY 12569 Tax Map # 6362-04-844138-0000 Tax Bill # 001364 Bank Code: School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 72.1 Location: 234 Rombout Rd SWIS: 133400 La Grange Frontage: Depth: Full Value: 41720 AG DIST CN 379,376 Assessment: STAR Savings: Tax Amount: Tax Paid: Balance: Liber: 1574 Page: 0486 572.500 406.500 0.00 691.40 691.40 0.00 = le Bad Payment Dolans Tax Descrolan: School Taxes (Homestead) 10z Love 156,003.350 27.124 25.490274 Pin! 62le 10/07/24 Payin STANLEY DOMIN 691.40 Tax Balance does not include any accrued Late Fees Payments shown may not include ayments made directly to the Count _Late Fee Schedule | Tax Certification / tax Anand 691.40 Copyright (c) 2014-2019 BTW Associates, inc. Information Disclaimer = https://infotaxonline.com/ViewProperty.aspx 1/1 6/18/25, 4:54 PM Property and summary tax balance information for the selected parcel is shown to the right. Exemptions are displayed as well if they exist for the property You can view or hide tax bill detail and any payments by clicking the har near the bottom of the page. If the property appears in other tax years you can quickly view the tax history for the property Just select a tax year from the drop-down list at the lop of the To request a signed Tax Certification, click the "Request Signed Certificate" button at the bottom of the page Re-select from your matching property list Info-Tax Online TOWN OF LaGRANGE Dutchess County PAY TO: Joedy Kievit, Rec. of Tax, 120 Stringham Rd, Lagrangeville, NY 12540 (845) 452-1830 Ext. 101 For Tax Year: 2025 Property Tax v Last Updated: 01/03/25 12:22 pm Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley, NY 12569 Location: 234 Rombout Rd SWIS: 133400 La Grange 1:305:1 Dosengton Carpen 41720 AG DIST CN 379,376 Tax Map # 6362-04-844138-0006 Tax Bill # 00155. Bank Cinder School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 72.1 Frontage: Depth: Full Value: Assessment: STAR Savings: Tax Amount: Tax Paid: Balance: Liber: 1574 Page: 0486 572.500 406,500 0.00 314.92 314.92 0.00 Vide Sri and Payment Downs las Practinhon County Tax Town Tax La Grange Fire 102,108,559 6.644 477 10.447,512 Boratia Veher 27.124 27.124 27.124 ¡0n6 3.055116 3.356141 5.199017 82.87 91.03 141.02 Wailinis 01/31/25 STANLEY DOMIN 1476 314.92 Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification | Request Certification J Copyright (c) 2014-2019 BTW Associates, inc. Information Disclaimer https://infotaxonline.com/ViewPropertv.aspx 1/1 = Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. TAXES, ASSESSMENTS, WATER RATES, AND SEWER CHARGES WHICH ARE LIENS ON REAL PROPERTY ASSESSED VALUATION: Land $40,100 Total $40,100 SCHOOL DISTRICT: Arlington CSD EXEMPTION: AG IN DIST CODE: 41720 AMOUNT: $38,463 (C/T/S)^ ASSESSED TO: Jay S Domin and Stanley J Domin ASSESSED AS: 253 Freedom Rd PROPERTY CODE & TYPE: 105 - Vacant Farmland ACRES OR DIMENSIONS: 5.01 Acres COUNTY OF: Dutchess MUNICIPALITY: Town of La Grange SWIS CODE: 133400 SBL OR GRID NO.: Section: 6462 Block: 03 Lot: 030054-0000 RETURNS (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced at closing.) 2025 Town and County Tax (Period 1/1-12/31, Due 1/1) Full Tax $19.00 (includes Exemption Savings of) PAID 1/31/2025 'Above Property Tax is based on Exemption AG IN DIST of $38,463. *Property Tax Bill Attached. 2024/2025 School Tax (Period 7/1-6/30, Due 9/1) Full Tax $41.73 (includes Exemption) PAID 10/7/2024 *School Tax Bill Attached. TAX SEARCH Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut. Tax Search - Page 1of 1 SMPR Order No.: M-087042- Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 202 TAX & OTHER SEARCHES 6/18/25, 4:49 PM LO TON ONL Property and summary tax balance information for the selected parcel is shown to the right. Exemptions are displayed as well if they exist for the property. For Tax Year: You can view or hide tax bill detail and any payments by clicking the bar near the boltom of the page If the property appears in other tax years. you can quickly view the tax history for the property Just select a tax year from the drop-down list at the top of the page. To request a signed Tax Cerification, click the "Request Signed Certificate" hutton at the bottom of the page. Re-select from your matching property list Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley. NY 12569 Location: 253 Freedom Rd SWIS: 133400 La Grange 41720 AG DIST CN Info-Tax Online TOWN OF LaGRANGE - Arlington utchess Count AY TO: Joedy Kievit, Rec. of Taxes, 120 Stringham Road, Lagrangeville, NY 12540 845-452-1830 Ext. 10 2024 School Tax v 38,463 Last Updated: 05/08/25 03:59 pm Tax Map # 6462-03-030054-0000 Tax Bill # 001366 Bank Code School Code: 131601 Property Class: 105 Tax Roll: 1 Acreage: 5.01 Frontage: Depth: Full Value: Assessment: STAR Savings: Tax Amount: Tax Paid: Balance: Liber: 1574 Page: 0486 56,500 40.100 0.00 41.73 41.73 0.00 Vitos Bal and Payment Dctes.? Car Lor? School Taxes (Homestead) 156,003.350 1,637 Pate: 1000 25.490274 10/07/24 Check 3 STANLEY DOMIN 1408 41.73 Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification / 41.73 Copyright (c) 2014-2019 BTW Associates, Inc. Information Disclaimer https://infotaxonline.com/ViewProperty.aspx 1/1 6/18/25, 4:54 PM Info-Tax Online NO-TON OIL TOWN OF LaGRANGE PAt e et, Rec or Tax, 120 stingham Rd, tagrangevil, NY 12510 (845) 452-1830 Ext. 101 Property and summary tax balance information: for the selected parcel is shown to the right. exemptions are displayed as well if they exist for the property. For Tax Year: Last Updated: 01/03/25 12:22 pm You can view or bade tax boll detail and any payments by clicking the bar near the bottom of the page If the property appears in other tax years, you can quickiy view the lax history for the property Just select a tax year from the drop-down list at the top of the page. To request a signed Tax Certification. chck the "Request Signed Certificate" button at the bottom of the page Re-select from your matching property list 2025 Property Tax v Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley. NY 12569 Location: 253 Freedom Rd SWIS: 133400 La Grange 41720 AG DIST CN 38,463 Tax Map # 6462-03-030054-0000 Tax Bill # 001554 Bank Code: School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 5.01 Frontage: Depth: Liber: 1574 Page: 0486 Full Value Assessment STAR Savings: Tax Amount: Tax Paid: Balance: 56.500 40,100 0.00 19.00 19.00 0.00 = ide send Paymen dra! fax Description County Tax Town Tax La Grange Fire Tax lovy 102,108.559 6,644.477 10.447.512 Taxatie value 1,637 1,637 1.637 Nute 500c 3.055116 3.356141 5.199017 12-8=2rEs 01/31/25 Check 5 STANLEY DOMIN 1476 19.00 Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification | Request Certification J Copyright (c) 2014-2019 BTW Associates. Inc. 5.00 5.49 8.51 Information Disclaimer = https://infotaxonline.com/ViewProperty.aspx 1/1 Stewart Title Guaranty Company Issued by SMPR TITLE AGENCY, INC. TAXES, ASSESSMENTS, WATER RATES, AND SEWER CHARGES WHICH ARE LIENS ON REAL PROPERTY ASSESSED VALUATION: Land $60,06( SCHOOL DISTRICT: Arlington CSD Total $60,06( EXEMPTION: AG IN DIST CODE: 41720 AMOUNT: $58,423 (C/T/S)^ ASSESSED TO: Jay S Domin and Stanley J Domin ASSESSED AS: 245 Freedom Rd PROPERTY CODE & TYPE: 105 - Vacant Farmland ACRES OR DIMENSIONS: 5.01 Acres COUNTY OF: Dutchess MUNICIPALITY: Town of La Grange SWIS CODE: 133400 SBL OR GRID NO.: Section: 6462 Block: 03 Lot: 047028-0000 RETURNS (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced at closing.) 2025 Town and County Tax (Period 1/1-12/31, Due 1/1) Full Tax $19.00 (includes Exemption Savings) PAID 1/31/2025 ^Above Property Tax is based on Exemption AG IN DIST of $58,423. *Property Tax Bill Attached. 2024/2025 School Tax (Period 7/1-6/30, Due 9/1) Full Tax $41.73 (includes Exemption Savings) PAID 10/7/2024 *School Tax Bill Attached. TAX SEARCH Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut. Tax Search - Page 1of 1 SMPR Order No.: M-087042-A Stewart Title Guaranty Company - SMPR Title Agency, Inc. Date: August 5, 2025 TAX & OTHER SEARCHES 6/18/25, 4:49 PM Info-Tax Online NO-HONOR TOWN OF LaGRANGE - Arlington Dutchess County PAY TO: Joedy Kievit, Rec. of Taxes, 120 Stringham: Road, Lagrangeville, NY 12540 845-452-1830 Ext. 101 Property and summary tax baiance information for the selected parcel is shown to the right. Exomptions are displayed as well if they exist for the property. For Tax Year: 2024 School Tax v You can view or hide tax bill detail and any payments by choking the bar near the bottom of the page If the property appears in other tax years. you can quickiy view the tax history for the property. Just select a tax year from the drop-down list at the top of the page. To request a signed Tax Certification, Click the "Request Signed Certificate" button at the bottom of the page Re-select from your matching property list Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley. NY 12569 Location: 245 Freedom Rd SWIS: 133400 La Grange 41720 AG DIST CN 58,423 Last Updated: 05/08/25 03:59 pm Tax Map # 6462-03-047028-0000 Tax Bil# 001367 Bank Code: School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 5.01 Frontage: Depth: Liber: 1574 Page: 0486 Full Value: Assessment: STAR Savings: Tax Amount: Tax Paid: Balance: 84,600 60.060 0.00 41.73 41.73 0.00 = 1ex Deserpdon School Taxes (Homestead) 156,003.350 1,637 25.490274 10/07/24 Payrs: Check a STANLEY DOMIN 1408 41.73 Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification / Tos Agus! 41.73 hope la Copyright (c) 2014-2019 BTW Associates. Inc. Information Disclaimer https://infotaxonline.com/ViewProperty.aspx 1/1 6/18/25, 4:52 PM Properly and summary tax balance margation for bie selected parcel is shown to the night. Exemptions are displayed as well if they exist for the property. You can view or hide tax bill detail and any payments by clicking the bar near the bottom of the page If the property appears in other tax years. you can quickly view the tax history for the property Just select a tax year from the drop-down fist at the top of the page. To request a signer Tax Certification, click the "Request Signed Certificate" button at the bottom of the page Re-select from your matching property list For Tax Year: Owner: Domin Jay S Domin Stanley J 37 Mountain Rd Pleasant Valley. NY 12569 Location: 245 Freedom Rd SWIS: 133400 La Grange 41720 AG DIST CN Info-Tax Online TOWN OF LaGRANGE Dutchess County PAY TO: Joedy Kievit, Rec. of Tax, 120 Stringham Rel, Lagrangeville, NY 12540 (845) 452-1830 Ext. 101 2025 Property Tax v Last Updated: 01/03/25 12:22 pm Tax Map # 6462-03-047028-0000 Tax Bill # 001555 Bank Code: School Code: 134601 Property Class: 105 Tax Roll: 1 Acreage: 5.01 Frontage: Depth:, Full Value: 58,423 Assessment: STAR Savings: Tax Amount: Tax Paid: Balance: Liber: 1574 Page: 0486 34,600 60.060 0.00 19.00 19.00 0.00 Vide Bit. Paymen Dooh 1 County Tax Town Tax La Grange Fire fur tire Lester saige 102.108.559 1,637 6.644.477 1.637 10.447.512 1.637 3.055116 3.356141 5.199017 01/31/25 STANLEY DOMIN Tax Balance does not include any accrued Late Fees Payments shown may not include payments made directly to the County Late Fee Schedule | Tax Certification | Request Certification J far Arsen! 5.00 5.49 8.51 Copyright (c) 2014-2019 BTW Associates, Inc. Information Disclaimer https://infotaxonline.com/ViewProperty.aspx 1/1 Stewart Title Insurance Company Issued by SMPR TITLE AGENCY, INC. MUNICIPAL DEPARTMENT SEARCHES AND STREET REPORT Any searches or returns reported herein are furnished FOR INFORMATION ONLY. The searches will not be insured and the company assumes no liability for the accuracy thereof. The searches will not be continued to the date of closing. Certificate of Occupancy: Attached Housing and Building Violations: Attached Street Report: *. = Fire Department: NOT AVAILABLE. Municipal Searches - Page 1of 1 SMPR Order No.: M-087042 Stewart Title Insurance Company - SMPR Title Agency, Inc. Date: August 5, 2025 TAX & OTHEF SEARCHE TOWN OF LAGRANGE OFFICE OF THE BUILDING INSPECTOR 120 Stringham Road, LaGrangeville, NY 12540 845-452-1830: Fax X45-452-7692 MUNICIPAL RECORDS SEARCH MS# 23-267 DATE: January 5, 2024 LOCATION: GRID NO.: ADDRESS: OWNER: 08-6362-04-671168 TITLENO.: M-087042 ROMBOUT RD JAY STANLEY DOMIN AND STANLEY J. DOMIN REQUESTED BY SMPR TITLE AGENCY In response to your request for a municipal records search for the above-mentioned property, listed below are the findings of our search: CERTIFICATES- • The above reference property is an unimproved/vacant lot. A physical inspection has not been conducted by this office. Any improvements that are not listed above are inconsistent with our records and shall be deemed to be in non-compliance. This may constitute a violation upon inspection. New York State Building Codes require that all residences be fitted with smoke alarms and a carbon monoxide detector. Additionally, be advised that the road or street fronting this property is a town road and maintained by the Town of LaGrange Highway Department. The information provided in this report is valid for 30 days from the date of this document essica Aueriti Jessica Martinez. Records Clerk 120 Stragham Road. Lasirngerille, NY 12540: Phone (845) 452-1830; fox (8-5) 052.7002 .. . i TOWN OF LAGRANGE 120 Stringham Road, LaGrangeville, NY 12540 845 452-1830; Fax 845 452-7692 Date: To: Location: Tax Grid Number: F.J.R.M. Map No: January 5. 2024 SMPR Title Agency Rombout Rd 6361-04-671168 36027C0379E Pancl No. 379E Community Number: 361011 The Town of LaGrange Department of Planning, Zoning and Building has reviewed the maps prepared by the Federal Emergency Management Agency as they relate to the parcel described above. Upon completion of that review. it is found that the property: (X) () () is located in an A or AE floodplain zone. A small portion of this property is located in a flood plain A or AE; no structures involved is not located in an A or AE foodplain zone. Zone A (no base flood elevations determined) 100-year flood hazard area is defined in the National Flood Insurance Act. This determination is for food insurance purposes only. The maps used in making this determination do not necessarily show all areas subject to flooding in the community. The fact that a parcel of land is not shown as being within a food hazard area on National Flood Insurance Program Maps does not mean the parcel will be immune to fooding. Please verify this report with your lending institution which has the official responsibility for making this determination. 1/5/2024 Date Jessica late essica Martincz Records Clerk ^ 201 CONSULT YOUR LAWYER BORE SIGHING THIS INSTRUARY -TIS INSTRUAIT SHOUTO BE USTO BY SAYIYE ONLY Road, Town of party of the fires part, and TAY SO A JOE DOME OF Mountate Road, party of the accond part, WITNESSETH, that the party of the first part, in connidcration of _TEN AND 00/100($10.00)- dollars, lawful money of the United Stotes. netual connideration paid by thes party of the second part, does hereby grant and releaso unto the party of the eccond part, tho hire of elecessors and assigns of the party of tho eccord part forever, ALl thor certain plot, picco or parsl of land, with tha buildings and improvements hercon crocid, citata, lying and being in the TONE OF LAGRANCK, County of Dutches and State of New York, and tore partieularly doacrtbed upon Scheinle A atcached hereto. 82A9 DEC 31 11 25 AM'80 Vat. 000x No1550 or seces AT PAGE 30 AND EXAMINED E DEC 11980 TRANSFER TAX vpogo Doc #: DEED 1550 30 Printed Page 1 of 1 Г1 • Hi = vpogo Doc #: DEED 1550 31 Printed Page 1 of 1 Schedule A made by Samuel M. Thurston in the year 1827 to bounded as follous: at the noutheast corner of gald farn on a ledge of rock being the corner bet- ween the Earns of Gilbert Titus, Late Cue Downing, deceased, and Theodorus B. Vanwyck, and Is at or near the old line between Towns of LaGrange (late Beekian) and Fishkill and runs thence as the magnetic needle then pointed north 22 deg. and 30 ain. west 20 chains and 15:links to a atake and stones; thence along a wood lot of John Ruger south 89 deg. 45 min. west 20 ch. and 52 links to the aiddle of the wall; thence north 20 deg. west 30 links to a white oak tree marked; thence north 17 deg. 45 min. cast 10 ch. to a walnut tree marked; thence along line of the late Benjamin Merritt, deceased, and others north B4 deg. west 41 ch. and 44 lInks to the end of the wall westward or waite oak sapling marked; thence along John Ruger's land south 2 deg. and 45 min. west 3 ch. and 95 links: thence south 13 dog. 45 min. west 6 ch. and 86 linka to the wall about 2 Et. southwest of two walnut saplings worked; thence aouth 67 deg. cust 5 ch. and 54 links to a black oak scump: thence 31 ch. d0 cast -14 ch. and 94 links; thence south 73 deg. and 45 aln. ch. and 30 1ka. to the place of beginning. Containing 98 neren 3 roods and 9 perches of land. ALSO ALl, that certain lot or parcel of woodland witch In a deed thereot Erua Minard Vonkleock and Elconor, hts vife, to che said Willian G. Merritt, hearing date the 23rd day of March, 1839, Is described as situate in the Town of LaGrange and which the sald inard Vonkleock purchased of John Ruger in the year 1823 and is bounded on the east by the old line between Fishkl11 and Beekaan on the west and on the north and on che south by the land (of the sald) Willian G. Merriet and in estinated to contain 15 acres of land, being the sane nore or less. AND ALSO ALl. that certain faro of land situate in the Town of LaGrange County of Dutchers and State of New York, which pursuant to a sur vey thereof made by John S. Brown on March 22. 1854, Is bounded and described as follows, BEGUNING at on angle of the wall in the soutlest cremar of the premises hereby conveyed and at the line of the Enro formerly owned by Minard Van Kleeck; running from thence south 83 deg. and 35 1k. to the old Beekman town road; thence north 20 deg. 30 min. west 29 ch. 2 links to the southenat corner of the fana forgerly ouned by Janes Downing, deceased: thence such 82 n 30 min. west 12 ch. 95 links; chence north 88 deg. 45. min. west to a stump in the angle of 30 min. west 13 ch. 15 links; chence north rest 11 ch. and 90 linko; thence south 16 deg. weat 7 ch guided Links to the nogda of the wall: chence north 76 dog. is min, west 6 ch, and 88 1ku.; chenco north 53 deg. 30 alm. went 1 ch. and 77 Linko; 30 min. woot 9 ch. and & 1laka to the place of beginning. Concolning, including the land within the enclonure of the fencen on the enat line, being the second course, B6 acres of lond more or less. own of LaGrange. L 1550 ICE 31 7031 vpogo Doc #: DEED 1550 32 Printed Page 1 of 1 USe 1.550 MAGE 32 032 conveyed and BEGINHING at the northeast corner of the lot here mine tent 72 at the angle of the wall; and running thence south 24 deg. Links; thence north 73 deg. 15 min. west 7 ch. 49 linke to a atake and otones; thence north 20 deg. 30 min. cast 1 ch. 64 links to the end of a wall; chence Bouth 62 deg. 30 min. east 2 ch. 51inko; thence south 58 des. 30 min. cant 2 ch. 79 1ínka; thence couth 76 deg. 45 min. cast 2 ch. 86 1ks. to the place of beginning. Containing 2 rooda 33 porches of land more or les. AND ALSO ALL that certain farm of land situate In the Town of LaGrange Dutcheco County and State of Nuw York, contalning about d' acrea of land described as follows, viz: CONSISTING of three tracta of land, one of which was conveyed to 1833, recorded 1n tracte of land was conveyed to George L. Dowing by Moses Downing and Richard Downing by deed dated Apr11 27, 1843, and recorded in ulber 76 nt page 167: the other of sald tracts of lund was conveyed to George L. Downing by Janes Downing and wife by deed dated May 22, 1834, and recorded in liber 53 June 6, 1834; reference to which several deed or the record theroof It hereby made farm is generally on the north by the fąea and on the cast by lands of Elisha Megritt, formerly,now Bell, and on the south by lande of bald Bell and Jewell lot, and on the west by lands of Cornella Conkrite and John i. Tannor; the prentees hereby conveyed was conveyed to the partled of the firat part by John Coopion and Bridget, his wiic, by deed bearing date the 18th day of June 186%, and recorded in the Clerk'o offlce of the County of Dutchese on June 20, 1864 In Liber 128 of Beed at page 143 a reference thereunto le hereby made for a more particular dancription, bounde and extent. ALSO one other lot of land oltuate in bald Town uf LaGrange, Dutcheno County, N.Y., and adjoins the before mentioned and described premisen and lo the Jewell lot mentioned in nbove conveyance, la bounded by description as that certaln lot, plece or parcel of land situate, lying and being in the Town of LaGrange forenald, bounded and described an follown: of Henry Dowinß, now Innac Van Wagner, on the caet by lands of Edwin formerly now owned by Bell; and on the south by londs formerly owned by Minard Vankleeck and now by Janco Van Kleeck; lands of John L. Tanner, containing 6 acrea of lend more Said lot of land was conveyed to the partieu of the firat part by Willan Tonner and wife by deed bearing date the 26th day of April 1867, reference to which lo hereby had for o sore partleular description, bounda and extent. The lost 2 parcela herein described are the same pronfaes conveyed by Frank lolterhoff and others to Auguat Wallman, by deed recorded october 21, 1897, In Liber 293 of Deeds at page 271, in the Dutcheso County Clerk'a office, and conveyed by the said August Wollman and wife to Kato I. Chatillon by deed recorded in the Dutcheau County Clerk's office June 7, liber 302 of Deede at page 162, and being the some premises conveyed by 1900 and recorded in The Dir Cess Funty Jerk of day 2 da 129, 1. 120er2d treed at page 412. 31. and recorded Septenber• 10t liber 512 of Deeds at page 396, containing 12.19 acre SUBJECT to any righta of way or casementu heretofore granted to any Li () electric light, telephone or power line or to any publie utility. FURTHER EXCEPTING AND RESERVING from the above described premises, the lands heretofore conveyed by James ilenry to Edna Ferguson by deed doted and recorded In the Butchess County Clerk's Office July 3rd, FURTHER EXCEPTING AND RESERVING fron the above deseribed premieu, the Lands heretofore convoyed by James lenry to Lewis P. Newbaker by deed dated July 14th, 1937 and recorded in the butchess. County Clerk's Office September ich, 1937 in Liber 562 of Deeds at page 197 and sald to concain about 4 acred of land. And also recorded in Liber 590 of Deeds, page 566. FURTHER EXCEPTING AND RESEIVING from the above described premisen the lands heratefore conveyed by Joseph Domin and Jacob S. Domin, as Executors of the Estote of Marya Donin, to Central ludson Gas and Electric Corporation by deed dated the 28ch day of December. 1967 and recorded in the Dutchess County Clerk's Uffice on January 2, 1968 in Liber 1236 of Deeds at Page 122. FURTHER EXCEPTING AND RESERVING from the above described prenises all that certain plece or parcel oi land beginning ot a point on the cant side of Roabout Road ot an iron rod set, ans, point being the soutlweat. corner of the herein descrfbed parcul and belng distant N17° 58° 1S" W946,10' Eron the Intersection of a stone wall and the caaterly side of Rombout Road, being the southwest corner of the lands of Marya Donin an described in Ilber 617 on Page 27 ffled in the Dutchens County Clerk's Office; thence along the east side of lombout Road the followtop two courses N11° 58' 00" : 207.65': 409" 01' 50" g 29.16 to an fron rod set in the northwest corner of the hereindederfbed parcel; thence through the lands of Marya Domin the following Three course: S84° 04' 50' F: 108.92' to meal postS01730g 228.31° to an angle fron pose: N87° 13' 55" W 157.32' and to the point or place of beginning. Contalning 0.70 acre of land more or loss. TOGETHER with a permanent right of way and coscaent which shall be 25 feet In width, measured south from the norchern boundary of the parcel described in the immedfotely preceding paragraph. Snid right of way and casenent shall run in a general cast and west direction along the entire northere boundary of the aforeanld parcel from Ronbout Road to the parcel being conveyed to the grantece herein. BEING a portion of premises heretofore conveyed by Julius Brody to Stonislaus Donin and Marya Ronin, he wife. by deed dated the 10ch day of June, 1944 and recorded in the Dutchess County Clerk's Offlce on the 12th day of June, 1944 in lfber 617 of Deeds at Page 26. The sold Stanislaus Donin died Intestate on the 2nd day of Horch, 1956 and the sald Marya Bonin died a then and here alle eleultaneously herewith regurding the remainder of the promfees from which the above deser ibed tract 1s being caken, is to effect a partition of the entire premiacu dovined to the grantors herein. vpogo Doc #: DEED 1550 33 Printed Page 1 of 1 SH1550 FACE 33 033 L2eк1550 PAGE, 34 -034 TOGETHER with all right, title and intercel, if any, of the party of the frot port in and to any altece ond roads abutting the nhovo elescribed premises to the conter linco thercof, TOGETHER with the appurienances and oll the catato and rights of the party of the first part in and to. successors and assigns of the porty of tho accond part forever. AND the party of the first part corenants that the party of the first part has not done or cuffered anything whereby the enid promises have been incumbered in any way whatever, except as aforesdid.. AND tho party of the first part; in complianco with Section 13 of tholic Law, covenants that the party of the first part will receive the consideration for this conveyanco and will hold the right to roccise such consid. eration as a trust lund to be applied first for the purpose of paying the cost of the improvement and will opply the same firet to the payment of the cost of the inprovement beforo using any part of the total of the come for any other purpose. Thu word "party" shall be construed as if it rood "parties" whenever the senso of this indenturo to requires. IN WITNESS WHEREOF, the party of the first part has duly exceuted this deed the day and year firet aboro weitten. IM PRESENCE OF: and Domini fine sErin vpogo Doc #: DEED 1550 34 Printed Page 1 of 1 0) () () STATE OF HEW YONK, COUNTY OF Dutchess *I ( STATE OF LEW YORK, COULTY 0P In the 271-day of Duesuld 108s, belore mo On thully cam lay of ersonally cam Joseph C. Donin and Jacob S. Donin 891 19 , Eclora mo DAMIN SAMAR NOTARY PUGLIC. STAIS OF NEW YORK RESONG IX 2010V753 CONCI COVISS CAPES 14301 30,13.82- STATE OF HIS YORK, COUNTY OF •*: STATS OF HEY YORK, COURTY OF On the day of 19, boloro mo On the day of personally came personally came o me known, who, being by to duly sworn, did depose end hom dam personally acquainted, wite say that he resides at No worn, did depose and say the shost he is the tnat he knows tond the chat i el theorgoing hat in that corporation; that the real offixe mano there by l e opera: | at the same time subscribed in 19 , before me 1o be the individua was present and saw VIl Colt: JOSEPH C. DOMIN and JACOB S. DOMIN SECTION BLOCK LOT COUNTY OR TORN JAY STANLEY DOMI and STANLEY JOHN DOMIN RETURN DY MAIL TO: AMODEO & AMODEO ATTORNEYS AT LAW ¡ 2 CANNON STREET POUGHKEEPSIE, N. 28o vpogo Doc #: DEED 1550 35 Printed Page 1 of 1 Resorve this soace for use of Recordine Ofice. 035 101-394 STAMP ENTRPRISES, ING., A domestle corporatio with its office and principal pince of bualnosa looncod nt 124 Dutchees Turnpike, Poughkeepate, Dutchoon County, New York, party of the first part, and JAX S. DOMIN and SIANLEY J. DOMIN, Of Mountan Road, Plensant Volley, Dutchoas County, New York, .......-.-. irty of the second par ITNESSETI, that the party of the first part, in consideration ---.-TEN---------___---($10.00)-- clollar, layful money of the nited State, together with other good and onstabrat omid by the party of the rocond part, does hercy front and release unto the party of the cecond part, the heirs of succersors and assigns of the party of the second part forever, DAI- 2200 PARCEL. I in the Tense Laces carele parcel and situate tying a being Dutchess. State New York, made by M. i..s. che Office of the Dutchess county Clerk more Nos. particularly described and set day of Marchirch on sold map, ao tot 1980 as Map No. 5833, and is and z Subject to restrictions an get forth in Schedule A annexed hereto and made a part hercof. iven by sei Charles Joi portion of that real property described in a deed bears date the Patrick to Inci and which and was recorded 1979 tEches County the Dutches1s26 of Deedo at page 384. PARCEL TI and being in the town it incan denced made men ethn certnin map entitled filed on September 6, 1973 in the Dutcheng County Clerk's Office he Dutchess Coun 509 of Deeds, nt Page 719 Stamp pre fend coded be 22 a mad to vpogo Doc #: DEED 1574 486 Printed Page 1 of 1 1 1 () ..... ! ) ( ) as set forth in Schedule A annexed PARCEL III and being i1 and State of not, and in la more pare tore on and cribe a follows: BEGINNING at a point in the center line of a 150' casement in Liber 670, encitled southeasterly corner of Parcel - Lands of Mel dated February 23 1962 and filed in the Dutchess County Clerk's Office wall N 8545020a31 Map $4220 thence northwestefly along ₩ 219.31' N 86°01'40" W 427.28 N 83°01 40" 112. 10' 186048'40" 197.61 185291015030 and N 8936101185.17 to the 03; thence northerly continuing along · 54.27 N stone 13958'50 214.66 W 464.77' to the southeasterly cornec of Parcel 84 as shown on said filed map 44220; thence northeasterly along the division line of the east and parcel 14 on the West 21°95°3,068 parcel 13 E 830'* co the northwesterly south 48' East Son of the herein des tised p vall and nes to a stone wall and cast- erly along said stone wall 675't to the northeasterly corner of the herein described parcel being a point in the easterly line of said 83 and being a Central Huden ens rectric core catton casement, the center line of the aforesald thence south- erly to along the easterly line of parcel 13, 5 13°51 10" E 1275'÷ the point or place of beginning and containing 35 acres more or less. Subject to any It state of facts an actual survey might reveal. being the intent of this description to convey the south- 35 acres of Parcal 13 to be bounded in part on the north by of the existing stone wall. Subject to restrictions as set forth in Schedile A annexed hereto and made a part hereof. In regard to the above described parcel No. I1I, for further Ene office of the fatehens unde the Office reference is made to a subdivision map filed in Clerk on the 11th day of 1982, and to which subdivision map there was assigned No. and which subdivision map 1s furcher identified Enterprises, inc." * and and made Styler, P. S"3. vpogo Doc #: DEED 1574 487 Printed Page 1 of 1 L3P1574 MAY 187 -487 488 LIBER 15'74 FACE 488 RE: RESTRICTIONS TO REAL PROPERTY BEING CONVEYED BY STAMP ENTERPRISKS, INC, TO JAY S. DOMIN AND STANLEY J. DOMIN lot having less lo dwelling house ahall be built on the above describer han 1200 square feet on the firat Flop on the astor the having a width of • No dwelling house shall be cracted or placed on any plo mum bullding set back line, less than one hundred fifty 150) feet at the mini 015,009 square feet. having an area of Yes than boy to testedind 3. No structure of a temporary operal cha scall be used on any plot sent, when connenced. completed as to within six (6) months from such date of commencement. enclosure and its exterlor cained on the premises. No billboards or commercial signs ohall be erected or main- Installed in Arrangementa for water supply and Department of Health. accordance with the plane apped by the pow 1 slast be Enforcement shall be by proceedings at law or in equity against or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Invalidation of any one of thea court order shall in no wise effect covenants by judgment or shall remain in full force and effect. of the other provisions which of any property line. No manure shall be stored on said premises within 100 feet. property line. Ho bar shall be bulle within one hundred (200) feet of any The undersigned herein reserve successor, successors any of the above restrictione. ignore he to mody end hter to use the the concrary herein notwichetanding, the Grantees are permittuc real property to for dalry farming and general farming operation. cestrictions are a part 832 DUTCHESS COUNTY CLERK'S OFFICE RECEIVEO ON THE 19. MAY OF 7213, 19 8Z AT303MP.. RECORDEO IN PAGE 48% AID EXAMIE- LTI. COUNTY, 28 HaCE E 6163J GENDEEN vpogo Doc #: DEED 1574 488 Printed Page 1 of 1 SCHEDULE A vpogo Doc #: DEED 1574 489 Printed Page 1 of 1 TOGETIER with all right, tillo and Interest, If any, of the pirty of the first part of, in and to any einicts and ronada nutting the havedescribed premles to tho conter lines thorof, TOONTIER with the apprenances and off the estato and sights of the party of the first part la and te esid premiscs TO HAVE ARED TO HOLD the promises herein granted unto the party of the econd part, tha heirs or successors nud assigns of the parly of the socond part forever. All the party of the first part coverants that the party of the first part has not dond of suffered anything whe-eby the said premises have been incumbered in any way whatever, cecept as aforesaid. AND the party of in first part, in complance with Section 13 of the Lico Low, corcnants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- cration is a trust fund to be applied first for the purpose of paying the cost of the improvernent and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall to constrial as If it read "parties" whenevee the conso of thls indeature ko requires. IN WITNESS WEEP, the party of the fiest part has duly exceuted this diced the day and year first nove writlen. IN PRESENCE OP STAMP ENTERPRISES, Siber. Siber, Weird e. Pisanelll i Cornna Sect Fought poe, New Yorke 489 113071574 ner489 vpogo Doc #: DEED 1574 490 Printed Page 1 of 1 STATE OF 20W YORK, COUNTY ER1574 FACE 490 STATE OY IEW YORK, COUTY OF day of .19 , Ixfore mo On the day of 119 • licfore mo personally camo to me known to be the individual "4CD eric the torpig instrument, and artile ded wide niece one dodging indiven ad senorated who execuled the came. excouted the fame. '... 1:: STATE OY IS KONK, COULAY DO DUTCHESS I STATE DE HEW YORK, COUNTY OF Poughkeepsie, of STAMP ENTERPRISES: und corporation deseribed that ho knons in and which caccuted the foregoing instrument; that to he the individual knows the real of said corporation; that the cal affixed describad in and who executed the foregoing instrument; to said instrument is such corporate cont; that it was so that he, sald subscribing, witness. was present and sew affixed by executo the came: and thet he, caid witness, lion, and that he signed I4 5 name thereto by like order. at tho camo timo salveriled h name as witness thereto. Patha LONDE TEAS DARD IN DUCHESS COUNTY COMMISSION EXPIRES MARCH 30, 1983 Peg 11 15n160l Largula ud Gale Deed WITH COVENANT AGAINST GRANTOR's ACTS TITLE NO. TO STANDARD TORN OF NEw Yonx: Boars of Try: UnDersarters Distributed by layers Title Insurance Corporalion Home Office -. Hichmond, Virginia 750 Trap Assue As find Seer, Near Yous, N. Y. 10017 125-10 QuELEs BosEvA, KeY CArOCES, N. Y. 11415 The land affected by the within instnintent lies in: SECTION Lor COUNTY OR TOWN RECORDED AT THe REQUEST Or losuyers Tilo lisurance Corporalion RETÚRN BY MAIL 1O Amadeo 8 Amodeo Silkeir friten Morninkf-Risell 2 at Cannon Street Poughlicepsio, Now York 126Gl Repre To Spro For Dro of Recorder Offco () ..... = P39L 396 OOPYIST KITK. THIS INDSITURE made the 25th day of August in the year one taousand nine hundred and trirty-one betireen RAYMOND BUSHNELL and HALIN O. BUSHNILL bIs vife, of the own of LaGrange Oounty of Dutchess and State of New York, partles of the first part, - and - NS YORK POWSK AND LIGH" CORPORATION, a Corporation oreated by and under the laws of the state ot New York, and having Its place of business in the Ofty of Albany, New York party of the second part, TITUSSETH trat the seld parties of the firat part in consideration of one Dollar ($1.00) Lavtul money ot the United'States and other good and valuable consideratione pald by the said party of the recond part do hereby grant and release unto the said party of tre second part, its successora and assigns Iorever: All, that oertain plece or parcel of land situnte, lying and being in the TOWN OF LA GRANGE Oounty of Dutches end State of New York, bounded and described as tollows: BEGINNING at an tron pipe driven in the ground in the division line between lands of the parties of the first part and lands now or foruerly of The Flagler Burhan Ästate at station 120+83.O of the surveyed center line of the proposed right of way of the transmiss on line system of New York Power and Light Corporation extending from Poughkeepsle to Dunnoodle and running thence horth eigity-iive degrees seventeen minutes east (N 85° 17' E) a100g sa19 division line one hundred and alx tenths feet (100.6") to a point; thence south one degree twenty-three minutea west ( g 1° parallel to and at all points one hundred feet (100') distant from sald surveyed center line twenty six hundred elgaty-five and seven tenths feet (2685,7') to a point in the division line between sald lands of the parties of the first part and lands now or formerly of M. Lefoovitz; thence north seventy-seven degrees seventeen minuteg west (N 77° 17' %) along said division line one hundred two and no tenths feet (102.0') to an iron pipe driven in the ground at station 147+38.0 of surveyed center line; thence continuing north seventy-seven degrees seventeen minutes west (N 77° 17' I) along said diviion line One hundred two and no-tent)io feet (102,0') to a point; thenoe north one degree twenty three minute east (N 1º 23' E) parallel to and at all points One hundred feet (100') distant from said surveyed center line twenty gix hundred twenty four and three tenthe feet (2624.3') to a point in the firat mentioned divl- sion line betreen said lands of the parties of the first part and said lands now or former- 1y of The Flegler Burhan Estate; thence north eighty-five degrees seventeen minutes east (N 85°17" E) along said division line One hundred and six-tenthe feet (100,6") to the point or place of BEGINNING, OONTAINING 12.19 AGRES be the same more or legs, all ae show on the blueprint map numbered Il, entitled in part, "N.Y.P.& I. OORP. Ray Bushnell - Purchase - Pougikeepsie - Dunwoodie Line F_2435", annexed hereto and made a part hereot. BEING a part of the same premises described in a deed from Howard C Carter, referee to Raymond Bushnell dated July 10,1930 and recorded in the ofilce of the Clerk of Dutchess County on the Ilta day of July 1930 in Liber 528 of deede at page 321. "OUTHER with the right at all times to cut and remove any brush, trees or other obstructions upon the remaining premises which may in the opinion of the party of the second part, it a successors or assigns, interfere with or be likely to intertere with the success- P396 ALL that certein piece or paroel of land sltuate, lying and being in the TOT OF LA GRANGE County of Dutchees and State of New York, bounded and described as follows: BEGINNING at an iron pipe driven in the ground in the division line betzeen lands of the parties of tre tirst part and lande now or formerly of The Flagler Burhan Estate at station 120+83.O of the surveyed center line of the proposed right of way of the tranemissi on line system of New York Power and lignt Corporation extending from Poughkeepsie to Dunwoodie and running tence north eignty-tive degrees seventeen minutes east (N 85° 17' E) elong gRid division line: One hundred andal tents feet (100.6") to a point; thence south one dogfee trenty-three minutee west (8 1o gi i paralled to and at all points one hundred feet (100') distant from sald surveyed center line tventy six hundred eighty-five and seven tenths feet (2685.7') to a point in the division line between said lande of the parties of the first part and lande now or formerly of i. Lefcovitz; thence north seventy-even degrees geventeen minutes west (N 77° 17' ) along said divigion line One hundred tro and no tents feet (102,01) to an iron pipe driven in the ground at station 147+38.0 ot said surveyed center line; thence continuing norti. seventy-seven degrees seventeen minutes west ( N 77º 17' W) along esid division line One hundred two and no-tent)s feet (102.0') to a point; thence north one degree twenty three minutes east (N 1º 23' E) parallel to and at all points One hundred feet (100') distant from said surveyed center line twenty six hundred twenty four and three tentis feet (2624.3') to a point in the firat mentioned divi- sion line between said lands oi the parties ot the first part and gaid lands now or former- ly of The Flagler Burhan Estate; thence north eighty-five degrees seventeen minutes east (N 85°17" E) along sald division line One hundred and six-tenths feet (100.6') to the point or place of BEGINNING, OONTAINING 12.19 ADRES be the same more or less, all as showa _an the reprint map numbered 1l, entitled in part, "N.Y.P.& I. OORP. Ray Buahnell - Purenace - Pougnkeepsie - Dunwoodie Line F_2435", annexed sereto and made a part hereot. seted a part of the sume prenises described in a deed from Horard 0. Carter, referee da harmond Bushnell dated July 10,1930 and reoorded in the ofiice of the Olerk of Dutchess Jounty on the Ilth day of July 1930 in Liber 50% of deeda at page 321. TOGETHER with the right at all times to cut and remove any brush, trees or other obstructions upon the remaining premises which may in the opinion of the party of the second part, its successors or assigns, interfere with or be likely to interfere with the ful operation of its transmission line and the perpetual right at all times to cross and recross, on foot and with teans and motor vehioles, the remaining lands of tre pertles ot tre first part for the purpose constructing operating, inspecting or repairing any and all struotures or fixtures of every kind and nature which the party of the second part, its successors oi assigns, may ereot, operate, construct or maintain upon the above described premises, eaid rigat of entry to be confined to routes designated by the pertlea of the first part it practicable and reasonable. 89:1:2212 L310 L517 P397 All damages occasioned to the remaining lands of the parties of the firet pert in the exercise of seld right of entry stall be peld by sald New York power and light Corporation. EXOMPTING AÜ RASSVING unto the perties ot the first part, their heirs and assigns, Ilve rights of way or orossinguson and over the above described premises said croasingenot to exceed twenty five (25) fect in riath and to be at points to be designated by the party of the second part, its sucoessars of assigns. The use of seld crossings shall be at the sole risk of the party or partles using the same. TOGETHER with the appurtenances; and all the estate and righte of the said parties of the first part in and to sald premises. TO HAVE AND TO HOLD the abovegranted premises unto the sald party of the second pert, its successore and assigns forever, and the eid Raymond Bushnell does covenant with the said party of the second part as tollows: THAT the parts ot the second part shall quietly enjoy the seid premises THAT he will torever warrant the title to said premises. IN FITNESS THEOF the parties of the first part have hereunto set their hands and seale the day and year first above written. sealed and delivered in presence of: Raymond Bushnell Helen O. Bushnell L.S. L.D. STATE O2' NEW YORK DOUNTY OF DUTURESS SS: on this 25 day of Auf. 1931 before me, the subscriber, personally came RAYMOND BUSHNELL and HELEN 0. BUS NELl to me knon end knova to me to be the seme persone desoribed in and who executed the toregoing instrument, and they duly (and severally) acknorledged to me that they executed tre sane. J. I. Kuhn, Notary Publio (Seal) RE0O-DED Sept. 10, 1931 - 9:00 A.i. Clerk Blueprint # F_2435 - N.Y.P. & I. Corp. Ray Bushnell - Purchase Poughkeepsie Dunwoodle Line - attached on Page398' 72-- stons Wall. OSA +OZE 100.6' $38254 ron Pipe N oF. Lagrange NTY oF. Dutchess € GE NEW YORK pono ...OF DEEDS PAGE.... FROM N. EN G27, 631,032 342. Sh. 2 Ec3..... 065+821 HOM SuRIS 301085 Öo5+63i 390,19 True North RAY BUSHNELL wireFence Stone wai Stone wall € 200 Strip Store wall N 1°27E 26245 "g9° 55 E L517 P398 139 + 78.5 3.02.58 S +Lti M. Lefcovitz 102,01 N.Y.P &L: CORp RAY BUSHNELL-PURCHASE Poughkeepzie Punwoodie Line Approvro -SORDEST 6. 25312-262N/ F-2435 L517 P398 097+021 Stone wall N. 85-173 Flagler Burhan Est o fion Pipe DATEO. TOwN oF Lagrange CoUNTY oF. Dutchess STATE OF NEW YORK RECORDO... BOOK / OF DESOS PACC DATA FROM N. B. N 027, 631,932 9.342 Sh 2.83 065+821 002+621 LION ALONE a50 Sig HONg Duce 70,008 RAY Tue North BUSHNELL 081 581 wire Fence Store Wall Stone Wali N 1923 € 2624 5 89º 55 € CHECKED 3.05058'5 NYP. & L RAY BUSHNELL PoughkeepseeLE Duri TOKED : 6-26:31 Drawn GiL. S. 4 Made the his Bauenture, day of December. nincteen hundred and sexry scien. Betteen Joneph C. Donin, rebiding at Roabout Rond, Iow of LaGrange Dutches County, New York, and - Jacob Dounty ad at unada, down of Lacronge es executors of the Estate of Marya Doadn under the last will and testament of Marya Donn late of Mountain Bond, Town of Ladrange, County of Dutcheng, and State of New York and RAP deceased, part leu of the first part. Central Hudson Gao & Electric Corporation, Its principal office et 284 South Avenue, New York party of the second part. Julitucsset), thst the pare 1e0 of the first part, by virtue of the power and authority co convey given in and by said last will and testament, and in consideration of iline Thousand ($9,000) Dollars, lawful money of the United Sentes, and other good and valuable consideration paid by the party of the second part. hereby grant and release unto the part y • - "of the second pare. ite successors and assigns forever, butchens and State of lew York, i st ce or toot and ate dear lorene, County of BEGINING at a point in the division 1ine between Innds fornerly of Pinetex Compon: and Michael E. Buch now of Central Hudson Gos & Electric Corportion on the north and lands of the Entate of Morya Doin on the south, the sald point being the northensterly corner of the herein desorthed parcel and being & point in the venterly of Albert E. Bach on the north feet to the point or place of beginning and containing 9.018 acres more or legs. Together with the rlaht at all tines to cross and rècrose the recaining prentsea of the parties of the first part for the purpoce of constructing, operating, Inspecting, maintaining or ropalring any and all ctructures and fixtures of every kind and nature which Control Hudson, Ite succeurora or necleno bry construct, operate or maintain .. upon the nhove deacribed Innd, cold right of nocena to be confined to tracticable and reasonnhle routea to be designated by the parties of the first port; and provided that rayalenl deange to the property owned by the partico of the firot part, caused colely by Central indon, ite cuccensors, assigno and leoneed in the exercise of such right of crossing thall be adjusted at the expende of Central Hudson, its - accessors, nodigne or legseen. vpogo Doc #: DEED 1236 122 Printed Page 1 of 1 = Together with the permanent right to trim, cut and remove, trees and other objects To ret pan on is in te of me one described on a, in a isn in the judgment of Central Hudoon, it ouccessor, agaigns or legaces, may interfere with, obstruct or endanger the contruction, operation or maintenance of it lines and appurtenances at fixturen of any thereof which may hereafter be constructed on the above deatriied land. Reserving to the partles of the first part the right to cultivate the hereindeeribed! parcel, provided tint such cultivation does not Intorfere with, obstruct or endanger Centrol Hudson's facilitles; and further provided that the partles of the firet part indermifica and caves harmless Central Hudoon Irom any and all dacagea to pernona or property occurring by reason of such use, Excepting and renerving unto the porties of the firet part, their heiro or aasigna, the rirht to croan and recrosa the nove described land at not more than three pointo which naid crossinga shall not be more than 50 feet in width and at such locationa to be determined by Central Hudson, its succegsora or assigna provided, however, that it Central Hudoon ahall redure the relocation of any croasinga reserved as alorecala, such relocation will be done at the cout and expense of Central Iludgon, ita duccesqora or agaigne. DUTCHES: COUNTY CLERK'S 0. "S RECEIVED ON THE _ 2 DAY OF JEN 12.68 AT PAGE_/33 AND EXAMINED "EXT PAGE REP. BIX IND TOP. OR INSYRUMENT 10. $1.00 2708 IND. BY B0- BrAMPS 6 JAH 2 10 03 AM '68 SUTCHESS COUNTY CLERK RY. ..: .... Corether with the appurtenances, and also all the estate which the said testator had at tho timo of her decease in said promises, and also the estate thercin, which the part len of the first pare have or had power to convey or dispose of, whether individually, or by virtue of said will or otherwise. To fabe and to fold the premises herein granted unto the pare? of the second part. :. LIBER 1238 PACE 123 LIBER 1238 PA:124 124 The grantor, in compliance with Section 13 of the Lien Law, carenants thae the grantor will receive the consideration for this convegance and will hold the right to receive such consideration as • truse fund to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same firse to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. Pitd the partied of the first part corenane that they hato nos done or suflered ang. thing whereby the said premises have been incumbered in any way whatever. In litress Wellereof, the pare deo of the fest pare have hereunto see their handê and scale the day and year first above written. INDIVIDUALLY and an EXECUTORS OF In presence of: THE ESTATE OF MARYA DOSTI By: | STATE ON IEW ZORK ) COUNTY OF DUCHESS) 8a. t On this 28 day of Decerber 1967, before me, the subscriber, pernonally appeared JACOB S. DONT and JOSEPH C. DOMIN to me personally known and knowa to to be the Executors of the Eatate of Marya Domin and they duly acknowledged to ne that they executed the foregoing instrument on behalf of the Eatate of YardarAh totary Publ! DAVID R. PRIKLEY ACHARY TRUE, 1!:: 02 179 YORK SCING I EELS COUNTY CO: i LicH 30, 1969 §state of County of On the before me carte day of cineteen hundred and to me known and known to me to be the individual described in, and who erected, the foregoing, In strument, and acknowledged to me that he executed the same * vpogo Doc #: DEED 1236 124 Printed Page 1 of 1 14383685631912 • - Не ДОМРИ _ex1001 м158- Croat ol Bastrie Lans Night ef Way autigos, aed lelioes, un casciscat und flebi of ekr(0100h Teil in eldu, throeghost le tateat le, apoc, byer, bader hod scrout the lands of the undersianed, lactodion rosde nod lighwar thenton and adiacent Ihena, staned io the Cornty of le State of Nee Tok Sald esenest aud rieht af var siall ssond troe the pritty ias of Allert 15P0l2 on tse BOLN, воrрaagt -alrectioo to tie progerty Uime of rank a Chomaend -te serph, belne paraliel, and. a4facent te the sastarly, bounda pr/lande or tha 31k053Jshmet Povar Coeponoa) Dousded/ind. detartbad. te. to11c. Bagianing. af A posat on the dirialoa InObebrves rudn of. herys Doudn.on the porith, and abect Tol1a oo the soutd, sald poiat teseihg ou the estael Line of landa.of tha Ilagors Nchavk Porer, Corporatloc, fad b.ing. Baubt u9 B Aet To2 0 rest Prok an Iron pAsehet st station 1llt88.0 or the umered oratentine or seld Hiker Noberk Jandas ruaning, thence reon astd palat of begandne lone tha esetarly: tine of Janda of ld Tiseara, HobaykSaeth 13. 061 Baet:2686.1.nore.orlars ta polut in the stoper dacis Lod ine betreen labda 05 sald durys powth and tanda of pree to emm *12 pont, batat Pouta 630ke0 Ea 100.6. foet frok an tron, mee pet ete 1300 120-89:0 orcbe ruyaysd ceet.he of sald Htogare Notaak Daoday chance Tone petldtoesyall di(Har tt Bochb 65 00 ant 100 6 Tet to. a potnta ald potat being 100 teef dietetit por en traured ao sleht Tagles Tros the Costerly tae of Hiagira Hohoky theace South 15°064le0) 124 teet,a or 3na8, persilalt fo. sod Matant 100 Teef Nesterty (oarwed t Hak san) .ros tir td mesterty sane of Ringure Hobavk to.a potat ou tie frstattomed (slie ir betren tandh or Hm Doit and Albert Be JOLEr thance ston raid. Myanton Lie forsh 651set 102.0 feet to the podut or munce Oribegotandne Coclasilng 6.202 aoren, sorg. or 2052) Torciher with the right stall fimer to 5 coutned to practicable sod mercan ons her my dic de bre lor l to poam diot Boac ceo to t%g ce aid r Todeaien a d. Conee h Sog IN octohrash press and oiber olyeete thereop aod on adiaceti ry, taig snl Pres na Herle porotcretel on cald righr af de muntegtuct ui said richi www sul risht teban Timits of the right of wit, aod chan ant ban suct ie don auce ahd babyel or any, thereot, whieh any Mirtafle -r uci sii i ter d an alege altoi ml onta thee ond es ned thc cleht to culttat. the path, or ariveway Out toe Consanc ea aedo whilleo coureut of the Corponition. The terme bercol shall be boeler sim abd ln oo ant aniớge sod lenrer of iis ind ogre .d Elat thll B.lhe Hieteet wallaler, pcaoet iotalaftp, sacel Sigsed, realed and delfrered, on. 19:59 Prasnyd Domin Rosiang n 2 1L.81 20LBа Reidin Ai A Plescant T Virey Matale 10%d Dutcnese Bobocribiog Witness s BANEA 1 - ночі новко ни санн ahe tont Toe Chese Fier decnbing Witoes vpogo Doc #: DEED 1001 158 Printed Page 1 of 1 vpogo Doc #: DEED 1001 159 Printed Page 1 of 1 OR PITUAL AGE ON LEDOXAN STAY GO NEW STORY Coasty it butchess. described be and ho erecuted the forepolog instrument, and a le 1059, before on the scribar, bersonally appeared Mory Poette to me personally now and leone to me to be the Gdivides c) Comralf? dely acmewledeed to me that i the accited the sme DAVID A HINKLEY NOTAR FUMIE, STATE OF IS NOBI CONDON ETING 15, 180/ Notary Public CORPORATE LOKHORIEDOKE T STATE OT County of Chi thin das of hothese o Lafor me personal trappeared to ae dogwo, who beler by me duty sworn, did depose unit say a flat be resides at Presideut of the the corporation deichbed in and which execuled the above fitrumeat, that he know the seth of ald cameratim: that the seal allixed to tid instrument is such carperse west, that it was to alled by ofer of the boand if airscurs of ald corporations and that be wigned file dame thereto by thin order, Notary Pablic KOKNOW BOOKENT BY BUBBCRIBINO WITHEAS. STATE OF HER XORK County of On thin day of before me pertonally came with whom 1 sals pecsonally sou 6a, to me klown and knows to won 10 be the rubesiblis witess to the fareguing thitroment, who being by me duly sworn, did depose and tay that be ros des tha that he is persoastly acquainted with and know said persont to be the personia described 1h and cho exccated the foregolie instruments that he, the said ruborbing witnest, was present and raw the old person) execite tie same and thail (tererally) dule acknowledged to him the maid nubicrible vil nors, that He credured the rate sed that he therapon subscribed his name as witness thereto Notary Pabilla RIGHT OF WAY Village City Granted by Contal Hodson Gar & Blatic Com Coasty Omith Ofee tẢ:1001 ME159 W. 0. No Bout So 1801 of Deeds 00 Mr 1 5F and coinct INT) RECORD AND RETURN to SENTRAL HUDSON GAS & BLEC CORP South Road, Poughkeepse, N. Y ...- FM #6319 FILEO 02/11/1982 so, sir l 23200320242222502 Pori 20915 h. BISpARO ZALTMAN TENTRIL AND меут HIGHARD ELEGERIC 175-0220 LACTMAN 140(0) 022h.. 202: hexa wan mansy .. 0 200 = ROMER. : 4. pes re SUBDIVISION PLAI PREPARED FOR STAMP ENTERRES, INC. MAP 2. CF 2. BLOCK TONA DE LAGRANGE SUME 100 MOVIMSER 1979 M CHAZEN AS CE FM 95833 FILEO 03/13/1980 Title Curatives SHAWN BORRELLI PRATT ATTORNEY AT LAW 330% FRANKLIN AVENUE MILL BROOK, NEW YORK 12545 FAX (845) 677-2603 E-mail: SBPratt(@millbrooknylaw.com August 18, 2025 Ms. Linda D. Fakhoury Senior Assistant County Attorney Dutchess County Department of Law 22 Market Street Poighkeepsie, NY 12601 Re: Domin Farm Rombout Road and Freedom Road Stanley J. Domin and Jay S. Domin ("Owners") to Dutchess Land Conservancy, Inc. ("DLC") To whom it may concern: This letter has been prepared to explain requirements and exceptions set forth in the title commitment for this transaction, being SMPR Title Agency Commitment Number M- 087042. I have been retained to assist in the preparation of this project file. Please note that this letter and the comments provided herein have been reviewed by Rebecca E. C. Thornton, President, Dutchess Land Conservancy, and Emily Kelderhouse, Land Projects Manager, Dutchess Land Conservancy, who is also serving as project manager for this transaction. The legal description for the property is currently based on a survey map entitled "Survey Map of Conservation Easement on the Domin Property", prepared by Licensed Land Surveyor, Kirk Horton, dated December 20. 2024, last revised July 22, 2025. It was prepared for the purposes of the conservation easement and has been provided to SMPR Title Agency and Stewart Title Insurance Company. SMPR Title Agency will be issuing title insurance as agents for Stewart Title Insurance Company. Below, please review comments and explanations in relation to the requirements (Schedule B, Section I) and exceptions (Schedule B, Section II) of the title commitment. Schedule B, Section 1 ("Matters to Be Disposed Of") contains three items, all of which will be complied with and/or omitted at closing: Item 1. Includes a standard closing requirement pertaining to completion of an affidavit by Owners/Sellers. Item 2. Searches for Judgements and Liens returned zero (0) items. Item 3. Notification that the 2025/2026 School Tax will become a lien on July 1. Bills will be available in September, and school tax will be excepted as a lien not yet due and payable. Item 4. Interest to be insured is a Conservation Easement as defined by Environmental Conservation Law, Article 49, Title 3. - Schedule B, Section 2 ("Exceptions") contains nine items, some of which are standard exceptions, and some of which will be disposed of prior to closing. Item 1. Standard closing requirement regarding rights of tenants, if any. OMIT 6/25/2025 Items 2 and 3. A survey and legal description will be provided prior to closing. Item 4. Refers to the rights and easements, if any, of public utility companies and municipalities to maintain and operate installations on the premises and adjacent streets. Item 5. Standard closing requirement regarding exception of land laying in the bed of any street, avenue, road or highway abutting, adjoining, passing through or crossing the premises. Item 6. Refers to Covenants and Restrictions recorded in Book 1574 page 486 In a deed dated February 19, 1982 from Stamp Enterprises, Inc. to Jay S. Domin and Stanley J Domin, in addition to conveyance of premises, covenant and restrictions were placed on the property obtained from Stamp Enterprises Inc. as set forth in schedule a. None of the restrictions contained therein will impact the intended uses of the premises. Item 7. Refers to filed map #6319 and filed map #5833 attached hereto REVISED 1/5/24 Item 8. Refers to rights and casements conveyed and reserved in Book 517 page 396. On August 25, 1931, and recorded in the Office of the Dutchess County Clerk on September 10, 1931, Raymond Bushnell and Helen C. Bushnell granted the New York Power and Light Corporation all that certain piece or parcel of land described in Book 517 page 396 the right to cut and remove any brush, trees or other obstructions upon the remaining premises which in the opinion of the part of the second part interfere with or be likely to interfere with the successful operation of its transmission line and the perpetual right at all times to cross and recross, on foot and with teams and motor vehicles, the remaining lands of the parties of the first part for the purpose of constructing operating, inspecting or repairing any and all structures or fixtures of every kind and nature which the party of the second part, its successors or assigns may erect. operate, construct or maintain upon the described premises, said right of entry to be confined to routes designated by the parties of the first part if practicable and reasonable. All damages occasioned to the remaining lands or the parties of the first part in the exercise of said right of entry shall be paid for by said New York Power and Light Corporation. Excepting and reserving unto the parties of the first part, their heirs and assigns, five rights of way or crossings upon and over the above described premises said crossings not to exceed twenty-five (25) feel in width and lo be at points to be designated by the party of the second part, its successors or assigns. The use of said crossings shall be at the sole risk of the party or parties using the same. Item 9. Refers to rights and easements conveyed and reserved in Book 1236 page 122. On December 28, 1967, and filed in the Office of the Dutchess County Clerk on January 2, 1968, Joseph C. Domin and Jacob S. Domin granted Central Hudson Gas & Electric Corporation a portion of land bounded and described in Book 1236 page 122 together with the right at all times to cross and recross the remaining premises of the parties of the first part for the purpose of constructing, operating, inspecting, maintaining or repairing any and all structures and fixtures of every kind and nature which Central Hudson, its successors or assigns may construct, operate or maintain upon the above described land, said right of access is to be confined to practicable and reasonable route to be designated by the parties of the first part; Reserving to the parties of the first part the right to cultivate the herein described parcel, provided that such cultivation does not interfere with, obstruct or endanger Central Hudson's facilities; and further provided that the party of the first part indemnifies and holds harmless Central Hudson from any and all damages to persons or property occurring by reason of such use Excepting and reserving unto the parties of the first part, their heirs or assigns, the right to cross and recross the above described land at not more than three points which said crossings shall not be more than 50 feet in width and at such locations to be determined by Central Hudson, its successors or assigns provided, however, that if Central Hudson shall require the relocation of any crossings reserved as aforesaid, such relocation will be done at the cost and expense of Central Hudson, its successors or assigns. ADDED 6/25/2025 Item 10. Refers to easement in Book 670 page 630. On August 20, 1947, and filed in the Office of the Dutchess County Clerk on September 4, 1947, Elsie H. Blaire granted Central Hudson Gas & Electric Corporation an easement and right of way 150 feet in width throughout its extent, in, upon, over. under and across the lands of the undersigned, including roads and highways thereon and adjacent thereto. Reserving unto the undersigned the right to cultivate the ground between said poles and towers and beneath said wires and fixtures, provided that such use of said ground shall not interfere with, obstruct or endanger any of the rights granted as aforesaid; and provided that no houses or other structures shall be erected within the limits of the right of way without the written consent of said corporation; and provided that damage to the property owned by the undersigned caused solely by said corporation, its successors, assign or lessees, in maintaining or repairing said lines, ducts. conduits or fixtures shall be adjusted at the expense of said corporation, its successors, assigns, or lessees. ADDED 6/25/2025 Item 11. Refers to casement in Book 1001 page 158 On July 9, 1959, and filed in the Office of the Dutchess County Clerk on July 14, 1959, Marya Domin granted Central Hudson Gas & Electric Corporation an casement and right of way 100 feet in width throughout its extent, in, upon, over, under and across the lands of the undersigned, including roads and highways thereon and adjacent thereto. Reserving unto the undersigned the right to cultivate the ground between said poles, towers, and supporting structure, and beneath said wires and fixtures, and the right to cross and recross said easement and right of way provided that such use of said ground shall not interfere with, obstruct or endanger any of the rights granted as aforesaid and provided that no house or other structure shall be erected, no road, path, or driveway shall be constructed, and no excavating, mining or blasting shall be undertaken withing the limits of the right of way without the written consent of the Corporation. REVISED 8/4/2025 Item 12. Refers to a survey dated December 20, 2024, revise July 22, 2025 made by Kirk Horton, LS which shows the following exceptions to coverage: a. Central Hudson Gas & Electric Easement per Book 670 page 630 runs through the premises b. Stream runs through premises. Riparian rights and casements of others are excepted. I would like to confirm that it is the intention of all parties that all of the closing requirements in Schedule B of the title commitments will be dealt with and omitted either at, or prior to closing Please do not hesitate to contact me or the project manager, Emily Kelderhouse, with any questions. Emily Kelderhouse can be reached by phone at 845-677-3002, or email at emilyk(a.dutchessland.org Very truly yours, Shawn B. Pratt Appraisal McGrath & Company, Inc. Real Estate Appraisers & Counselors Mail: P.O. Box 514 Office Location: 1010 Main Street Fishkill, Now York. 12524 infow.megrathandeo.com (845) 896-5333 CONSERVATION EASEMENT APPRAISAL REPORT PROPERTY OF DOMIN 253 Freedom and 234 Rombout Roads Town of LaGrange Dutchess County, NY Our File #C2503080 Submitted Erin Hoagland Director of Conservation Dutchess Land Conservancy, Inc. P.O. Box 138, 4289 NYS Route 82 Millbrook, NY 12545 Effective Valuation Date March 20, 2025 McGrath & Company, Inc. McGrath & Company; Inc. Real Estate Appraisers & Counselors Mail: P.O. Box 514 Office Location: 1010 Mam Street Fishkill, New York. 12524 infoid mcgrathandco.com (845) 896-5333 March 27, 2025 Erin Hoagland Director of Conservation Dutchess Land Conservancy, Inc. P.O. Box 138, 4289 NYS Route 82 Millbrook, NY 12545 Re: Conservation Easement Appraisal of Property of Domin, 253 Freedom and 234 Rombout Roads, Town of LaGrange, Dutchess County, New York Dear Ms. Hoagland: As requested, I have completed an inspection and analysis of the above referenced property for the purpose of developing an opinion of the value of the partial real property rights to be acquired through the purchase of a proposed conservation easement. The property is four tax parcels that total 201.287 acres. There are about 125 acres of prime soils and soils of statewide importance for agriculture (62%) with 40% +/- of the property in hay and corn. The terrain is flat to rolling with about 24% of the property covered by floodplain and wetlands, including two large state and federally designated complexes. 120 acres of forested land, including portions of the wetlands, divides the farm area into two locations. There are multiple potential building sites scattered around the agricultural land, some with good views of the neighborhood. Three high voltage electrical lines border the western boundary with the smaller line within a 100-foot subject casement corridor. A conservation casement is proposed to encumber the entire appraised acreage. The casement will allow a single residential building area of 9.5 acres (Farmstead Area. Agricultural buildings will be permitted within the Farmstead Area and the Farm Area (127.909 acres) subject to an impervious surface cap of 2%. All other development rights, including all residential building rights except for farm labor housing, will be extinguished. Commercial forestry, subject to an approved forest management plan, will be permitted. There will be no public access. 63.878 acres will be designated as Resource Protection. The report accompanying this letter of transmittal describes the scope of the appraisal, the techniques of valuation and the reasoning leading to the opinion of value. The report is subject to the enclosed limiting conditions and assumptions. 2 McGrath & Company, Inc. My analyses, opinions and conclusions were developed, and this report was prepared in conformity with the Code of Professional Ethics and the Standards of Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. The report is also intended to comply with the Specifications and Scope of Work for Appraisals of Real Property for the Agricultural Land Easement component of the USDA NRCS Agricultural Conservation Easement Program (ACEP-ALE). Based upon my familiarity with the subject property, my knowledge of property values in the LaGrange real estate market and the value of conservation casements in general, it is my opinion that the market values of the appraised real property rights, as of March 20, 2025, were as summarized in the table below. The value of the partial real property rights to be acquired through the proposed conservation easement will be: $805,148 Thank you for the opportunity to be of service. If you have any questions after your review, please contact me. Sincerely yours, Il Dekren 1l Dekrey, MAI SCGREA No. 46-8839 SUMMARYTABLE OF VALUES Before Value 201.287 acres (@ $9,500/acre = $1,912,227 After Value 201.287 acres (@ $5,500/acre = $1,107,079 Value of the Easement $805,148 Easement value per acre Easement value percentage $4,000 42.1% Less Enhancement $O Value of the Easement less Ehancement $805,148 3 McGrath & Company, Inc. A before and after method of appraising the property was used to arrive at my estimated casement value conclusions. In the before analysis the property was considered with all development and property rights intact. In the after analysis the property was considered as impacted by the terms of the proposed conservation casement. The value of the conservation easement is estimated as the difference between the before and after values. Hypothetical Condition of the Appraisal In the valuation, I assumed that the restrictions of the proposed casement were in effect as of the date of appraisal, when in fact they are not. I was provided a final draft of the Conservation Easement prepared by the Dutchess Land Conservancy (DLC). A more restrictive or liberal change in the easement agreement may result in a change in the value of the partial rights appraised. A copy of the draft Conservation Easement is included in the Addenda. The use of this hypothetical condition was approved by the NRCS. Extraordinary Assumptions of the Appraisal I was not provided any environmental analysis of the property. The value estimates are predicated on the assumption that there is no hazardous material on the property that would cause a loss in value. I am not an expert in recognizing such conditions and recommend that interested parties engage an environmental expert to survey their property. In the appraisal I assumed a "clean site." McGrath & Company, Inc. TABLE OF CONTENTS Part 1 - Introduction Title Page Letter of Transmittal Table of Contents Appraiser's Certification Summary of Salient Facts Scope of the Appraisal Appraisal Issues Purpose of Appraisal Property Rights Appraised Definition of Market Valuc Hypothetical Conditions Extraordinary Assumptions Exposure Time Competency Disclosure Part 2 - Factual Data Legal Description Town of LaGrange Neighborhood Data Description of the Subject Site Description of the Improvements Description of the Subject Fixtures, Livestock & Forage Structures And Facilities Use History Sales History Rental History Assessment Data Municipal Regulations Proposed Conservation Easement Part 3 - Data Analysis and Conclusions Before Acquisition Analysis of Highest and Best Use Valuation Summary Table of Sales Adjustment Grid Explanation of Adjustments Correlation and Final Value Estimate Part 4 - Factual Data After Acquisition Legal Description Neighborhood Factors Property Data McGrath & Company, Inc. Part 5 - Data Analysis and Conclusions After Acquisition Analysis of Highest and Best Use Valuation Summary Table of Sales Adjustment Grid Explanation of Adjustments Correlation and Final Value Estimate Part 6 - Acquisition Analysis Recapitulation Statement of Assumptions & Limiting Conditions Part 7 - Exhibits and Addenda Draft Deed of Conservation Easement Detailed Sale Write-ups Appraiser Qualifications 58 59 60 62 64 65 67 McGrath & Company, Inc. APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. • My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. • My appraisal fee is not based on a percentage of the appraised fair market value. • This appraisal was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. • I have made a personal inspection of the property that is the subject of this report. • No one provided significant professional assistance to the person signing this report (except where noted). • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • As of the date of this report, I have met the requirements of the continuing education program of the Appraisal Institute. • 1am a Certified General Real Property Appraisers for the state in which the property is located, as that term is defined by the Appraiser Qualifications Board under authority of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"). • My analyses, opinions, and conclusions were developed, and my appraisal report relating to the property was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. • I have the expertise and experience to make appraisals of conservation casements. 7 McGrath & Company, Inc. • I have performed services as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. An oral valuation of the property was provided to the Client with a valuation date of August 19, 2022. Jurisdictional Exception All appraisal reports submitted to the NRCS for review become the property of the United States and may be used for any legal and proper purpose. I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in developing the opinion of value. The dates of the subject inspections were August 19, 2022 and March 20, 2025. The method of inspection was walking and driving the interior of the property and the road frontage. In my opinion, as of March 20, 2025, the market value of the proposed casement parcel before conveyance of the partial interest is $1,912,227, and the market value of the proposed casement parcel after conveyance of the partial interest is $1,107,079. Al Dekray Al DeKrey, MAI State Certified General Real Estate Appraiser No. 46-8839 Date Signed: March 27, 2025 8 McGrath & Company, Inc. = SUMMARY OF SALIENT FACTS AND CONCLUSIONS Property: The property is tour tax parcels that total 201.28/ acres. There are about 125 acres of prime soils and soils of statewide importance for agriculture (62%) with 40% +/- of the property in hay and corn. The terrain is flat to rolling with about 24% of the property covered by Designlain and petland: s. including two large state and federall A 120-acre tract of forested land that includes a portion of the wetlands, divides the farm area into two locations. There are multiple potential building sites scattered around the agricultural land, some with good views of the neighborhood, Three high voltage electrical lines border the western boundary with the smaller line within a 100- Client: Intended Users: Intended Use of the Appraisal: Property Owner: Deed Reference: Title Report: Location: Town/County/State: Legal Description: Dutchess Land Conservancy, Inc. (DLC) Client Natural Resources Conservation Services (NRCS) The appraisal will used for grant purposes as part of an application to the Agricultural Land Easement component of the USDA NRCS Agricultural Conservation Easement Program (ACEP-ALE). Jay Stanley Domin and Stanley John Domin Deed Book 1550, Page 30 (December 31, 1980) Deed Book 1574, Page 486 (February 19, 1982) A title report was provided by the Client and is retained in our office fiel. 253 Freedom and 234 Rombout Roads LaGrange, Dutchess, New York (see general location maps on the following page) A metes and bounds legal description is included in the site description. Tax Map Reference: 6362-04-671168 6362-04-844138 6462-03-030054 6462-03-047028 Use of Property: Agricultural, forestry and outdoor recreation. Property Area: 201.287 acres per survey. McGrath & Company; Inc. LOCATION MAPS RENSSELAE INSSELATE MASSACHUSESES la KINGSION A 1. UISTER BEACOI •ANNECTICUT • Gusto 326208 won Prose NEW TEASEY WESTCHENE SAure sams VERBANK HIGH PLAINS Facing Statel wares: Starsenea Johnston Prop 10 McGrath & Company, Inc. 3l:Si3i g Zoning: Highest and Best Use, Before: Highest and Best Use, After: The property is zoned Residential Low Density (120,000 SF minimum lot size). A minor subdivision of four lots or less for the development of rural residences as allowed by the Town Zoning Code and Subdivision Regulations; agriculture, commercial forestry and outdoor recreation. Development of a principal residence, accessory and agricultural structures within the Farmstead building envelope as permitted by the casement; and agriculture, forestry and outdoor recreation within the Farm Areas and Resource Preservation Areas. August 19, 2022 and March 20, 2025 March 20, 2025 Dates of Inspection: Effective Date of Value: Opinions of Value: Before Easement Value: $1,912,227 ($9,500/acre) After Easement Value $1,107,079 ($5,500/acre) Value of the Easement: $ 805,148 ($4,000/acre) Hypothetical Condition: In the valuation, I assumed that the restrictions of the proposed easement were in effect as of the date of appraisal, when in fact they are not. I was provided a final draft of the Conservation Easement prepared by the Dutchess Land Conservancy (DLC). It is included in the Addenda and discussed in the report. A more , in the easement agreement may resul esa chavee in the value of the partial rights appraise. Thé use of this hypothetical condition was approved by the NRCS. Extraordinary Assumptions: The value estimates are predicated on the assumption that there is no hazardous material on or in the property or improvements that would cause a loss in value. We are, however, not experts in recognizing such conditions and recommend that interested parties engage an environmental expert to survey their property. In the appraisal I assumed a "clean site." McGrath & Company, Inc. SCOPE OF THE APPRAISAL The scope of the appraisal encompasses the research, and the extent of the analyses required to prepare an appraisal in accordance with the intended use of the report, and in compliance with the Code of Professional Ethics and the Standards of Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. The report is also intended to comply with Specifications and Scope of Work for Appraisals of Real Property for the Agricultural Land Easement component of the USDA NRCS Agricultural Conservation Easement Program (ACEP-ALE). The appraisal is a partial acquisition case appraisal. A before and after method of appraising the property was used to arrive at my estimated conservation easement value conclusion. In the before analysis the acreage was considered as unrestricted property, with all development and property rights intact. In the after analysis the property was considered as impacted and as benefited by the terms of the proposed conservation casement. The value of the conservation casement is estimated as the difference between the before and after values. The scope of the appraisal included the following. The property was originally inspected on August 19, 2022 by Al DeKrey, accompanied by Erin Hoagland and Emily Kelderhouse of the Conservancy (2022) and property owner Jay Domin. The method of inspection was by driving the property's interior trails. I reinspected the interior and road frontage on March 20, 2025. The reinspection was completed by walking the fields and woods. I discussed the property with property owner Stanly Domin at the site on March 20, 2025. The owners gave permission to appraise the property. Basic information pertaining to the land such as the acreage, the quality of the soil, the extent of wetlands, topography, real estate assessments, zoning, availability of utilities, etc. was researched and analyzed Market information pertaining to the sale of residential, agricultural and wooded land was researched and analyzed. I researched the immediate subject neighborhood, surrounding towns and comparable locations in Dutchess County for recent comparable sales of easement 7restricted and unrestricted property. I selected representative comparable sales and prepared adjustment grids for the before and after valuation scenarios. There are three traditional approaches to estimating value: the income capitalization approach, the sales comparison approach and the cost approach. The subject was appraised as agricultural and vacant land. The cost and income approaches are typically not applied for valuation of the property type in NYS. The two approaches were not used. The sales approach is the preferred method of valuation. The sales comparison approach is a process of comparing prices paid for comparable or similar properties, which have recently sold. The comparable data is then compared to the subject property with an adjustment grid, with appropriate adjustments applied to account for any differences between the comparable sales and the subject. Such differences may involve date of sale, location, zoning, physical characteristics, construction quality, land size, accessibility to utilities, etc. 12 McGrath & Company, Inc. The current and most recent economic and real estate market conditions were researched, analyzed, and considered in the valuation. APPRAISAL ISSUES The subject property is vacant residential, agricultural land and a private forest. An extensive search was made for sales of comparable tracts with similar physical characteristics. There have been few recent unrestricted or restricted sales of similar property in the subject market area. The lack of sales is a dilemma for the appraiser. If there are only a few or no sales, appraisal guidance recommends expanding the geographic area of the search and going back in time. I did both. I expanded the time horizon and searched adjoining and nearby towns in Duchess County and found an adequate number of sales to consider in both the before and the after valuations. There are no issues of enhancement. The contiguous parcel rule is not applicable. PURPOSE OF THE APPRAISAL The purpose of the appraisal is to estimate the market value of the fee interest of the real property before the encumbrance of a proposed conservation easement and after the restrictions of the casement are in effect. PROPERTY RIGHTS AND/OR INTEREST APPRAISED In the before valuation, the property is appraised in fee simple. Fee Simple is defined as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Source: The Dictionary of Real Estate Appraisal, 7th Edition, Appraisal Institute, Chicago, Ilinois, 2022 Conservation Easement - The subject will be restricted by a proposed conservation easement. A final draft copy of the casement is included in the Addenda and discussed in the report. A conservation casement is a deeded legal agreement between a willing landowner and a qualified organization, such as the Dutchess Land Conservancy, that permanently protects a property's agricultural, forestry and conservation values by restricting the type of development that can occur on the land. Easements are legal divisions of real property, which convey use, but not ownership. The landowner retains ownership of the land and has the right to sell, lease, gift, and transfer it, as well as use if for all purposes not otherwise restricted in the deed of conservation easement. The development potential of a property is often referred to as its development rights. A development right is commonly defined as the right to build on a property, subject to the public's right to restrict or otherwise regulate the use of the property. Through a conservation casement, development rights are typically transferred to the casement owner in exchange for compensation and/or a tax deduction. 13 McGrath & Company, Inc. DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). HYPOTHETICAL CONDITIONS A hypothetical condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Source: 2024 USPAP, Appraisal Foundation EXTRAORDINARY ASSUMPTIONS An extraordinary assumption is an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. Source: 2024 USPAP, Appraisal Foundation EXPOSURE TIME A statement of exposure time is a USPAP requirement. It is an opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. In my opinion, a reasonable exposure time would have been 12 to 36 months. Source: 2024 USPAP, Appraisal Foundation 14 McGrath & Company, Inc. = = COMPETENCY DISCLOSURE McGrath & Company has extensive experience in the appraisal and market analysis of a wide variety of agricultural, rural residential, conservation casement, subdivision and land development properties and commercial properties in the general area of this appraisal assignment. We have conducted appraisals of agricultural properties with and without conservation easements similar to that of the subject. We have been appraising properties similar to the subject property in the Eastern New York, Hudson Valley, Catskill and Adirondack regions for 40 years. We are currently under contract to prepare conservation easement appraisals for the NYC DEP Land Acquisition Program and the Watershed Agricultural Committee in Ulster, Greene, Sullivan and Delaware Counties. We have prepared numerous conservation casement appraisals for private landowners and land trust such as the Dutchess Land Conservancy, Scenic Hudson, Columbia Land Conservancy, Hudson Highlands Conservancy, Agricultural Stewardship Association, Adirondack Land Trust, Open Space Conservancy, Winnakee Land Trust and others. I hold the MAI designation awarded by the Appraisal Institute and am a State Certified General Real Estate Appraiser in the State of New York. 1 completed the Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) Course by McKissock Learning on March 3, 2024. McGrath & Company, Inc. Domin Property Conservation Easement Beginning at the southeasterly corner of the herein described Conservation Easement at a point in the southwesterly line of Freedom Road (County Road 47) located at New York State Plane East Zone Coordinates of 1,045,488.12 feet North, by 678,645.81 feet East; Thence along lands now or formerly of Rutkowski, described by deed recorded in Document No. 2-2010-5911, in part, and lands now or formerly of Ipoll Realty Corp., described by deed recorded in Liber 1095 of Deeds at page 655, in part, South 78°58'24" West for 354.48 feet to the east end of a stone wall, South 79°10'44" West for 188.45 feet to a point in said wall, South 80°19'58" West for 192.32 feet to the west end of said wall, South 82°03'40" West for 199.36 feet to a Central Hudson Gas & Electric marker, South 81°09'10" West for 562.89 feet partly along a stone wall to the west end of said wall, South 84°59'48" West for 73.03 feet to the east end of a stone wall, South 83°31'00" West for 102.62 feet to a point in said wall, South 78°48'22" West for 190.80 feet partly along said wall and the range thereof to the east end of a stone wall, South 86°21'41" West for 42.39 feet to a point in said wall, South 79°03'13" West for 157.18 feet to a point in said wall, South 73°39'15" West for 53.90 feet to a corner of said wall, North 70°51'11" West for 53.31 feet to a stone wall corner, North 79°59'54" West for 363.88 feet to a point in said wall, and North 78°49'00" West for 100.14 feet to a stone wall corner; Thence along lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2016-2225 North 79°52'45" West for 85.47 feet to a point in said wall, North 78°18'00" West for 741.44 feet to a point in said wall, North 76°52'24" West for 86.33 feet to a point in said wall, North 78°51'07" West for 504.24 feet to a wall corner, North 79°17'22" West for 108.21 feet to a point in said wall, North 77°27'50" West for 155.95 feet to a point in said wall, North 79°19'38" West for 159.02 feet, and North 78°21'20" West for 328.98 feet to a point at or near the west end of said wall; Thence along lands now or formerly of Con Edison Company of New York, described by deed recorded in Liber 517 of Deeds at page 396, North 0°57'08" East for 2681.43 feet to a point in a stone wall; Thence along lands now or formerly of Bilmar Nurseries, Inc., described by deed recorded in Liber 1922 of Deeds at page 58 North 76°24'08" East for 103.31 feet to an iron rod found in said wall; Thence along lands now or formerly of Reilly, described by deed recorded in Document No. 2- 2022-2123, North 77°30'39" East for 61.42 feet to a point in said wall, North 75°28'49" East for 160.58 feet to a point in said wall, North 80°15'11" East for 96.63 feet to a point in said wall, and North 77°15'24" East for 100.23 feet to a point in said wall; Thence along lands now or formerly of Castillo, described by deed recorded Document No. 2- 2023-52566, North 79°05'29" East for 167.72 feet to a point in said wall; Thence along lands now or formerly of Sonnenberg, described by deed recorded in Document No. 2-2024-1268, North 67°58'24" East for 65.15 feet to a point in said wall, North 77°58'56" East for 41.90 feet to a point in said wall, North 72°23'23" East for 23.99 feet to a point in said wall, and North 58°47'56" East for 48.53 feet to a stone wall corner: Thence along lands now or formerly of NG, described by deed recorded in Document No. 2- 2014-6211, in part, lands now or formerly of Graham, described by deed recorded in Document No. 2-2002-3524, in part, and lands now or formerly of The Wetland Trust, Inc., described by deed recorded in Document No. 2-2024-3366, South 34°10'39" East for 26.92 feet to a point in said wall, South 30°04'41" East for 228.61 feet to the south end of said wall, South 28°34'04" East for 53.93 feet, South 29°14'31" East for 160.30 feet, South 38°51'41" East for 64.50 feet, South 27°46'31" East for 91.57 feet, South 34°24'11" East for 80.24 feet, South 26°40'14" East for 168.14 feet to the north end of a stone wall South 13°17'07" East for 41.43 feet to a point in said wall, South 28°38'20" East for 20.87 feet to a point in said wall, South 16°39'41" East for 51.41 feet to the south end of said wall, South 24°39'03" East for 43.52 feet to the north end of a stone wall, South 21°58'09" East for 111.13 feet to a point in said wall, South 18°09'39" East for 54.63 feet to a point in said wall, South 24°38'35" East for 42.76 feet to a point in said wall, and leaving said wall, North 41°03'30" East for 1380.67 feet to an iron rod set: Thence along the westerly line of Rombout Road, South 27°46'38" East for 90.03 feet, South 24°52'38" East for 324.66 feet, South 33°28'58" East for 82.16 feet, and South 55°01'19" East for 80.61 feet: Thence along lands now or formerly of Garrison, described by deed recorded in Document No. 2-2022-5193, South 8°39'02" West for 1421.95 feet to an iron rod set, South 47°44'35" East for 304.00 feet to an iron rod found, and North 83°58'15" East for 205.00 feet to an iron rod found; Thence along lands now or formerly of Zwinscher, described by deed recorded in Liber 1807 of Deeds at page 508 North 83°58'15" East for 470.02 feet; Thence along lands now or formerly of Leight & Percival, described by deed recorded in Liber 1663 of Deeds at page 668, in part, lands now or formerly of Getzman & Estevez, described by deed recorded in Document No. 2-2020-52201, in part, and lands now or formerly of Lucas & Toni, described by deed recorded in Liber 1585 of Deeds at page 689, in part, South 26°46'26" East for 688.00 feet to an iron rod found, and North 77°04'44" East for 668.63 feet; Thence along the westerly line of the earlier mentioned Freedom Road, South 22°03'06" East for 5.00 feet, South 34°23'06" East for 103.60 feet, South 40°07'26" East for 118.33 feet to the base of a broken-off metal fence post, and South 40°07'26" East for 452.46 feet to the point or place of beginning; Containing 201.287 acres. Resource Protection Area 1 Beginning at the southeast corner of the herein described Resource Protection Area 1 located at New York State Plane East Zone Coordinates of 1,045,375.17 feet North, by 675,368.42 feet East; Thence around said Area, North 78°18'00" West for 128.92 feet, North 76°52'24" West for 86.33 feet, North 78°51'07" West for 504.24 feet. North 7°02'42" East for 685.46 feet, North 8°16'16" West for 691.05 feet, South 85°18'22" West for 287.19 feet, North 56°03'36" West for 112.33 feet, North 0°37'31" West for 214.35 feet, North 14°49'01" East for 739.22 feet, North 29°55'25" East for 539.69 feet, North 24°08'06" West for 195.97 feet, North 67°58'24" East for 65.15 feet, North 77°58'56" East for 41.90 feet, North 72°23'23" East for 23.99 feet, North 58°47'56" East for 48.53 feet, South 34°10'39" East for 26.92 feet, South 30°04'41" East for 228.61 feet, South 28°34'04" East for 53.93 feet, South 29°14'31" East for 160.30 feet, South 38°51'41" East for 64.50 feet, South 27°46'31" East for 91.57 feet, South 34°24'11" East for 80.24 feet, South 26°40'14" East for 168.14 feet, South 13°17'07" East for 41.43 feet, South 28°38'20" East for 20.87 feet, South 16°39'41" East for 51.41 feet, South 24°39'03" East for 43.52 feet, South 21°58'09" East for 111.13 feet, South 18°09'39" East for 54.63 feet, South 24°38'35" East for 42.76 feet, South 2°14'13" East for 781.33 feet, South 1°37'17" West for 525.58 feet, South 38°51'19" East for 218.70 feet, and South 14°41'10" West for 635.77 feet to the point or place of beginning; Containing 53.156 acres. Resource Protection Area 2 Beginning at the northeast corner of the herein described Resource Protection Area 2 located at New York State Plane East Zone Coordinates of 1,048,018.74 feet North, by 676,573.54 feet Thence around said Area, South 8°39'02" West for 1421.95 feet, South 47°44'35" East for 304.00 feet, South 2°27'07" West for 499.22 feet, South 37°16'54" West for 125.13 feet. North 25°35'40" West for 145.75 feet, North 2°38'02" East for 420.18 feet, North 22°41'14" West for 270.90 feet, North 6°16'14" East for 136.98 feet, North 12°32'25" West for 306.22 feet, North 4°38'31" West for 441.92 feet, North 22°22'12" West for 455.44 feet, North 33°33'57" East for 519.49 feet, South 24°52'38" East for 228.66 feet, South 33°28'58" East for 82.16 feet, and South 55°01'19" East for 80.61 feet to the point or place of beginning; Containing 10.722 acres. Farmstead Area Beginning at the southwest corner of the herein described Farmstead Area located at New York State Plane East Zone Coordinates of 1,045,299.58 feet North, by 677,236.61 feet East; Thence around said Area, North 2°57'03" West for 408.21 feet, North 60°20'23" East for 308.03 feet, South 26°49'53" East for 178.35 feet, North 75°20'34" East for 468.56 feet, North 7°08'20" East for 102.02 feet, North 77°04'44" East for 141.40 feet, South 16°49'01" East for 132.80 feet, South 15°24'58" West for 106.11 feet, South 12°24'55" East for 269.48 feet, South 80°54'53" West for 1011.81 feet to the point or place of beginning; Containing 9.500 acres. Dutchess County State Ree 212. US HayS State Rte 28 Slate RIe US Hey 209 Broadway st US Misy. Ulster eat mies .. Main st State TivolT 8 US Hury 9 • Red Hook Red Hook Rhinghastk 6 ANH SN US Hay 9 Albery Post. Rd Hyde Park Milan Clinton Pleasant Valley La Grange East Fishkill New: York State Thous the Bita Ru C op Poughkeepsie Wappingers Fal Wappinger /hutchess Stadium Ashkill Fishkill Beacon HE 30%. 20 Sate Rie 22 MA State Praiy Columbia Pine Plains Northeast flitton Stanford Washington Millbrook Union Vale Freston Rains Rd. leckman ate Ate 216 Putnam Amenia State RteD: Dover Pawling State Rite 22 CT McGrath & Company, Inc. Town of LaGrange, Dutchess County, New York OVERVIEW The Town of LaGrange comprises an area of approximately 39 square miles with a Census 2020 population of 15,574. This is about the same as the 15,688 residents counted in the 2010 census. Both the county and state lost population during the decade (+/- 1%). LaGrange is Located in central Dutchess County, bordered on the west by the Town of Poughkeepsie, on the east by the Towns of Union Vale and Beekman, on the north by the Town of Pleasant Valley and on the south by the Towns of East Fishkill and Wappinger. Hyde Park! Washington Pleasant Valley HYDE PARK CSD MILLBROOK CSD SUBJECT Poughkeepsie Union Vale Poughkeepsie POUGHKEEPSIE CSD La Grange ARLINGTON CSD SPACKENKILL C WAPPINGERS CSD Wappinger WAPPINGERS CSE WAPPINGERS CSD Beekman KEY FACTS STATE COUNTY METRO AREA ZIP CODES SCHOOL DISTRICTS NEIGHBORING TOWNS NEARBY TOWNS New York Dutchess New York Area 12533, 12540, 12569, 12590, 12603 RANKINGS (IN) DUTCHESS COUNTY LARGEST POPULATION 7 of 23 HIGHEST MEDIAN INCOME 1 of 23 HIGHEST MEDIAN AGE 10 of 23 Arlington, Millbrook, Wappingers Beekman, fast Fishkill, Pleasant Valley, Poughkeepsie, Union Vale, Wappinger, Washington Clinton, Dover, Esopus, Fishkill, Hyde Park, Lloyd, Mariborough, Pawling, Plattekill NEW YORK 142 of 8g1 18 of 88l 395 of 881 McGrath & Company, Inc. DEMOGRAPHIC TRENDS Total Population Housing Units Median Household Income Median Age POPULATION DENSITY 2010 15,688 5,469 $97,799 10.8 Town of LaGrange 2015 15,750 0.4% A 5,561 1.7% 4 $102,051 4.3% A 43.3 6.1% 4 LARK HEIGHTS 2020 15,574 - 1.1% 4 5,746 3.3% 8 $114,495 12.2% A 42.7 • 1.4% A 2010 Dutchess County 2015 296,152 116,946 $69,838 39.4 296,928 0.3% 4 118,996 1.8% A $71,904 3.0% A 4.1.2 4.6% A 2020 293,524 • 11%1 121,161 1.8% A $81,842 13.8% A 42.5 3.2% A New York State 2010 19,229,752 8,050,835 $55,603 37.7 2015 19,673,174 2.3% A 8,171,725 1.5% A $59,269 6.6% & 38.1 1.1% A 2020 19,514,849 -0.8% A 8,362,971 2.3% 4 S71,117 20.0% A 39.0 2.4% A coca VERBANK VILLAGE VERBANK MOORES MIL Tasonic State Pawy SuRE BOMBOUR RIDGE REDIONS ... Pay SHEECCA PLATES 33 - Bie His so Sees Ront 100 - 499 A Population Density per Square Mile By Census Block Under 100 22 500 999 ARTHURSCURG, 1,000 - 1,999 M 2,000 4,999 5,000 or more McGrath & Company, Inc. LAND USE/GEOGRAPHY Much like the rest of the county, LaGrange is semi-rural, characterized primarily by residential subdivisions and large tracts of agricultural lands. The central and western portions of the town are more densely populated and characteristically suburban with active commercial districts, benefitted by NYS Route 55 which traverses the town's geographical area in an east-west course. Commercial and Industrial development is primarily concentrated along the NYS RT-55 corridors, as well as Route 376. VERANK VILLAGE A Land Use By Property Class Agricultura! Rural/Residential Commercial Recreation/Entertainment Public/Community Services Industrial Wild, forested, conservation lands, public parks Water/Reservoir TRANSPORTATION The major highways in the town are Route 55 and Route 82 both providing Average Commute Times, Town of LaGrange access to the City of Poughkeepsie and other surrounding communities as well as connecting to the Taconic State Parkway, a widely used commuter link in Dutchess County. Other main roads include County Roads #21, #44 and #47. Travel time to major employment centers is adequate. For example, White Plains and Danbury, CT are within an hour; and New York City is 75 miles or 90 minutes by car. Commuter rail is available via Metro North's New Hamburg, station, offering daily access between Manhattan and Poughkeepsie: The County bus system affords localized travel, with U.S. 9 being a primary route. The Hudson Valley Regional Airport, the Less than 10 minutes 10 to 14 minutes 15 to 19 minutes 20 to 24 minutes 25 to 29 minutes 30 to 34 minutes 35 to 44 minutes 45t0 59 minutes 60 or more minutes largest operating airport in Dutchess County, is situated on 640 acres, along State Route 376 in the Town of Wappinger. Mean Travel Time to Work (minutes) 8.3 % 9.3 % 14.4% 15.3 % 5.7 % 8.5 % 6.5% 12.4 % 19.6 % 35.3 23 McGrath & Company, Inc. TOTAL WORKERS BY INDUSTRY, TOWN OF LAGRANGE Total Workers By Industry, Town of LaGrange Agriculture, forestry, fishing and hunting, and mining: Construction Manufacturing Wholesale trade Retail trade Transportation and warehousing, and utilities: Information Finance and insurance, and real estate and rental and leasing: Professional, scientific, and management, and administrative and waste management services: Educational services, and health care and social assistance: Arts, entertainment, and recreation, and accommodation and food services: Other services, except public administration Public administration Total Industry Workforce 2020 Total Industry Workforce 2010 % Change One Key Unemployment Rate his chart shows the unemployme end in an area, compared with oth geographies. ta Source: Bureau of Lal atistics via PolicyM Update Frequency: Monthly Ell Duteness County New York 3 USA Indukyanent Count by mis that she leate in angela each category. ala Source: Bureau of Labe statistics via Esri, 202 Update Frequency: Annually Trade Area Report 180% 16 0% 14 0% • 12 0% 10 0% - 8 0% 60% 4.0% 20% Jan '17 lan '18 Jan '19 Jan '21 Health Care and Social Assistance Education Professional, Scientific and Technical Manufactunng 966 680 606 514 Retail Trade Accommodation and Food Construction 355 Other 306 Transportation and Warehousing 280 Finance and insurance 209 Public Administration Agaculture, Forestry, Fishing and Hunting Arts. Entertainment and Recreation Administrative Support and Waste Management D Information Real Estate, Rental and Leasing Wholesale Trade 1201 Utilties 62 Mining 3 Business Management Corne data available Jan '22 Jan *23 Jan 25 24 McGrath & Company, Inc. 39 340 85 385 243 465 5,393 5,297 1.8% TOWN OF LAGRANGE PLANNING & DEVELOPMENT REPORT The Town of LaGrange updated its Comprehensive Plan in 2005 and adopted its Zoning Law in 2006, with additional amendments in later years. The zoning recognizes an emerging Town Center, three gateway hamlets, and three smaller crossroads hamlets. The population of the Town of La Grange is 15,723 while the population in the Centers is 1,454, or 9.2% of the total. Within the Centers are 414 residential, 60 commercial, business/ industrial, 18 public, and 81 vacant properties, according to Real Property Tax records. The LaGrange Town Center along Route 55 is designed to replace the commercial strip in Freedom Plains with a walkable, mixed-use •..,Manchestery center around the Arlington High Billings School and Town Hall area. The Town Center was identified in the LaGringo Tara Santar 1987 Plan, but was finally adopted into the zoning in 2003, along with design standards and an lilustrative Plan showing Red roundabouts to slow vehicles and eliminate traffic signals, a main Laguangaillo street commercial character with a central civic green, a mix of housing types, and residential blocks to the south. A large proposal consistent with the plan "WAFFINGERE was put on hold in the recent A thirsburg BEEKHARG recession, but other aspects have been implemented, including the Existing Centers () Emerging Centers - Major (cunty Trails Route 55 roundabouts and * Commercial a Office / Industrial i Agriculture in Center hansportation, mins as Recreation a Pubbc Parks I Protected lands CZa Working Farms Sal Parcels Under 5 Acres Parcel Over S Acres neighborhood grocery store. Manchester, Red Oaks Mill, and Arthursburg were designated as Gateway Hamlets in 2014. All three are located at major entrance points to the Town. Arthursburg forms the first impression off the Taconic State Parkway. Red Oaks Mill is primarily centered in the Town of Poughkeepsie, but includes commercial and residential uses in LaGrange. Manchester has the largest grouping, of commercial and industrial uses in the Town, but has a wide highway streetscape, too many front parking lots, and very little pedestrian activity. New Gateway Hamlet design standards encourage infill development, pedestrian friendly connections, screened parking lots, and a broader mix of uses to create a better business environment and more attractive entrances to the Town. LaGrangeville, Billings, and Moores Mills are smaller historic hamlets in the eastern section of the Town. The zoning allows a limited range of residential, commercial and public uses, designed to encourage compatible new development, while maintaining their traditional hamlet scale and character. Source: https://www.dutchessny.gov/Departments/Planning/docs/Green-Space-l.aGrange.pdf 25 McGrath & Company, Inc. Eastdale Village in the northeasterly part of the Town of Poughkeepsie is about 1½ miles from the town line. Eastdale is one of the few new developments in the county in recent years. It was developed over the past several years as a new urban center with 400 luxury rental apartments and 120,000 square feet of restaurant, retail, Class A office and medical space. It is a unique walkable village type setting for mixed use living that has been highly successful in attracting residents and commercial businesses. Additional apartments and commercial buildings are under construction and/or planned. COMMERCIAL MARKET During the late 1980s, the town experienced dramatic changes as a result of multiple commercial and residential developments. Retail centers and office parks such as Freedom Center, Lexington Plaza, LaGrange Town Square, and the Fishkill National Bank complex were constructed in LaGrangeville to create a Town Center. In addition, there are a number of other shopping centers or strip centers located throughout the town including Apple Valley Shopping Center and Arthursburg Center. in the 1990's, a retail/office building in Billings and the Lagrange Commons shopping center in Arthursburg were completed to provide needed services to the more rural areas. Additional commercial development in the last decade includes a 40,000 square foot Hannaford's grocery store, the 17,000 square foot TEG credit union complex, the 20,000 square foot Titusville Plaza, and the 19,000 square foot Country Commons Plaza. Expansion in the commercial market has been limited. The most recent construction was the new branch of the Hudson Valley Federal Credit Union on Route 55 in the town center. Prior commercial activity included the renovations and upgrades to the Apple Valley Shopping Center with new façade and an addition of Walgreens pharmacy. Recently, the owner of 35 Patrick Lane commenced construction of a new 20,000+ square foot office/industrial building. Proposed development is the LaGrange Town Center (see graphic at left), a large-scale mixed-use project consisting of condominiums, townhouses, a hotel, office building and retail stores. However, this project has been delayed for many years. Another proposed project is a new Stewarts Shoppes at the junction of Routes 55 and 82. HOUSING MARKET As indicated by the One Key MLS February 2024 Local Market Update on the following page, the housing market remains dynamic. According to the report, the price of housing continues to appreciate, the number of listings and closed sales continues to decline. The days on market has declined significantly and the percent of ask price exceed 100% during the past 12 months. CONCLUSION No significant changes in the economy or real estate market are likely in the foreseeable future, although the housing market may decline given the current economic uncertainties. The town is generally regarded as stable in the current economy and real estate market. 26 McGrath & Company, Inc. .. • : Local Market Update - February 2025 Provided by Onckey@ Mi.S La Grange Dutchess County Single-Family Homes Key Metrics New Listings Closed Sales Days on Market Until Sale Median Sales Price* Percent of Original List Price Received Inventory of Homes for Sale Condos Key Metrics New Listings Closed Sales Days on Market Until Sale Median Sales Price* Percent of Original List Price Received* Inventory of Homes for Sale 2024 13 10 63 $370,500 95.5% 3B 2024 February 2025 79 $580,000 93.6% 24 February 2025 One Key' MIS Last 12 Months % Change Thru 2-2024 - 50.0% 222 Thru 2-2025 % Change - 53.8% 189 - 14.9% 165 + 25.4% 66 161 - 2.4% + 56.5% 51 - 22.7% $441,150 $478,000 + 8.4% - 2.0% 98.7% 100.2% + 1.5% - 36.8% 55 36 - 34.5% % Change: 0.0% 0.0% Thru 2-2024 Last 12 Months Thru 2-2025 - 28 $230,000 104,4% 3 25 $235,000 103.1% % Change +75.0% - 57.1% - 10.7% + 2.2% - 1.2% 0.0% Co-Ops Key Metrics 2024 0 February 2025 New Listings Closed Sales % Change 0.0% 0.0% Thru 2-2024 Last 12 Months Thru 2-2025 % Change 0.0% 0.0% Days on Market Until Sale Median Sales Price' - Percent of Original List Price Received" Inventory of Homes for Sale 0.0% 0.0% a tact for sake on dement store all grounded so and can sometimes book extreme dus to small sampissi Historical Median Sales Price by Property Type Rolling 12-Month Calculation $900,000 Conches musa Single-Fami Homes -n 5300,003 $a00.000 1-2015 1-2018 12017 1-2018 1-2010 1-2020 1-2021 1-2022 1-2023 1-2024 an can t t and the month prior in a single data paint. in activity cucured during a menth, the ine extend to the next anatable data pont 27 McGrath & Company, Inc. NEIGHBORHOOD The subject is located in a suburban residential neighborhood just cast of the Town and City of Poughkeepsie, several miles south and east of the hamlet of Pleasant Valley and several miles west of the Taconic Parkway, a primary route between the Mid-Hudson and Metropolitan New York City. The neighborhood was historically a farming community. Numerous residential subdivision have been developed in the immediate neighborhood and in the surrounding towns following WW I. While some agricultural operations continue, much of the land has been converted to housing for local residents and in more recent years, second homes for NYC residents. The neighborhood has a well developed road network for connecting to NYC and work locations in the greater Poughkeepsie MSA. / Context Map: Protected Land Domin Property Freedom and Rombout Roads Town of LaGrange Dutchess County NY January 15, 2024 200.52 acres +/- (Per Tax Parcels) 1 Feet 1500 3000 1 inch = 3,000 feet The property borders additional acreage owned by Domin to the west that is commonly farmed with the subject land. A large, conserved wetland area and a vacant parcel borders the subject to the south. Residences on both small and larger lots border the subject to the north and cast. Although the neighborhood largely built out, there are scattered undeveloped parcels which could be converted to housing when economic conditions improve. Overall, neighborhood considered stable. to the was be 28 McGrath & Company, Inc. H:: 1: = DESCRIPTION OF THE SUBJECT The property is four tax parcels that total 201.287 acres. There are about 120 acres of prime soils and soils of statewide importance for agriculture (62%) with 40% +/- of the property in hay and corn. The terrain is flat to rolling with 24% of the property covered by floodplain and wetlands, including two large state and federally designated complexes. A 120-acre tract of forested land that includes a portion of the wetlands, divides the farm area into two locations. There are multiple potential building sites scattered around the agricultural land, some with good views of the neighborhood,. Three high voltage electrical lines border the western boundary with the smaller line within a 100-foot subject casement corridor. A site features map and photographs are included on the following pages. Tax Lot #s: 6362-04-671168 6362-04-844138 6462-03-030054 6462-03-047028 Legal Description: See metes and bounds legal description on page 16. Survey: I relied upon a survey dated January 10, 2025, prepared by Kirk Horton, L.S. The survey is reproduced in the discussion of the proposed conservation easement. See page 38. Total Area: 201.287 acres per survey. Shape: The site has an irregular configuration. It measures 3,270 feet in a north/south direction at the longest point of measurement and 4,725 feet in an cast/west direction at its widest point of measurement. Public Road: The property is located with 1,225 feet of non-contiguous public road rontage along he westerly side of Freedom and Kombout Koad: reedom Road is a County maintained highway. Rombout Road is town maintained neighborhood collector. Both roads are maintained in average to good condition past the subject frontage. They provide good access to the larger regional network of roads in the county. Internal Access: There are two existing curb cuts, one off each public road. The interior is accessed by farm roads that provide good access to the fields. A woods trail connects the two farm areas. There are additional woods trails that provide access to the interior forest. Topography: The interior is generally rolling with a wetlands depression that runs in a north/south direction and divides the farm fields. 29 McGrath & Company, Inc. PHYSICAL FEATURES MAP Rombout Road 480 Freedom Road 520 6362-04-671168 (118.4 Ac.) 6362-04-844138 KoN 508 6462-03-030054 A 6462-03-047028 MiMew Drive Overlook Road Site Features Map Property of Domin Rombout Rd and Freedom Rd 1,160 ft Property Coverage Flood Zones 88% NW! Wetlands 13.18, D)FC: Wetlands 17.1% Total Wet 24.1% Steep Slopes. 173% Subject Property 1% Annual Flood 0.2% Annuai Flood NW Wetlands DEC Wetlands lOft Contour Slopes 15. 25% Slopes 25% or more McGrath and Company, Inc. 2025 Sanan Seas Counte As Mationa secondes Conservaton Servre Coode 30 McGrath & Company, Inc. SUBJECT PHOTOGRAPHS See page 29 for a photograph location map showing site of picture and direction of view. From the top left clockwise: 1) view of the subject from the southern end of the west field looking northerly, 2) partial view from the west field looking westerly, 3) view of the subject from the northern end of the west field looking southerly, 4) and 5) view of the central field - looking southerly from the north end near the Rombout Road frontage and 6) view of the east field just off Freedom Road. #1, 2 & 3 taken by Al DeKrey August 22, 2022 and 4,5 & 6 taken March 20, 2025. 31 McGrath & Company, Inc. SUBJECT PHOTOGRAPHS From the top left clockwise: 7) wetland near the Rombout Road frontage, 8) woods trail at the west field - looking casterly, 9) access off Freedom Road, 10) looking southerly along Freedom Road at the access, 11) looking northerly along Rombout Road at the access, 12) access off Rombout Road. #7 taken by Al DeKrey August 22, 2022. All other pictures taken by Al DeKrey March 20, 2025. 32 McGrath & Company, Inc. PHOTOGRAPH LOCATION MAP 1030 4. Freedom Read S20 5400 2 8. 6362-04-671168 (118.4 Ac.) 6362-04-844138 462-03-01508 6462-03-030054 A 6462-03-047028 Topography Cont.: The high elevation of 500 feet is located in the NW corner of the property. The low elevation of 425 feet is located at the exit of the stream along the southern boundary. About 17% of the property has slopes exceeding 15%. They are located primarily along the central wetlands depression. Views: There are views of the surrounding countryside and the Taconic Mountains to the cast from the higher elevations of the westerly fields. These views are also, however, compromised by the power line crossings. McGrath & Company, Inc. Water Character: There two wetland complexes. The easterly wetland area is drained by a stream that flows to a nearby wetland, the outlet of which meanders to Wappingers Creek approximately 1 ½ miles to the west. The westerly wetland drains to the north and is also a tributary of the Wappingers Creek, about one mile to the northwest. Floodplain: ZoneA 36027C0379E eff. 5/2/2012 Zone A The casterly stream is designated by FEMA as being within a Zone A Special Flood Hazard Area. The Flood Reference Map #36027CO379E. A portion of the map is reproduced below. According to the proposed Conservation Easement 18 acres are designated by FEMA. According to FEMA, Zone A are areas that have a 1% probability of flooding every year also known as the "100-year floodplain"), and where predicted flood water elevations have not been established Properties in Zone A are considered to be at risk of flooding. National Flood Insurance is required for all properties that have federally backed mortgages. Construction in these areas must also meet local floodplain zoning Torst oft a Grange 36 requirements. New construction in Zone A areas may also require submission of 40.702173, 7381929 engineering cross-sections of the waterway to determine Base Flood Elevations, floodway and flood fringe boundaries. Wetlands: There are two overlapping federal and NYS designated wetlands in the property interior. According to the proposed Conservation Easement, there are about 34 acres of NYS designated freshwater wetlands and 25 acres of National Wetlands Inventory wetlands. The wetland complexes are illustrated on the Site Features Map on page 26. Freshwater wetlands as defined in article 24 of the New York State Environmental Conservation Law, mean lands and submerged lands commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic or semi-aquatic vegetation. The intent of the wetlands designation is to preserve, protect and conserve freshwater wetlands and the benefits derived from them. Regulations including a buffer are in effect. 34 McGrath & Company, Inc. 1 .. E1.l1 Total Wet Area: Bog Turtles: Soils: Land Cover: As of January 1, 2025 the identification of an appropriate buffer is based on a field determination, not the 100 foot buffer established by historical mapping. A permit is required for any project proposing to drain, dredge, excavate, fill, build a structure or obstruction within, or otherwise disturb a designated freshwater wetland and buffer around the wetland. While New York State's Freshwater Wetlands Act generally regulates activities that impact wetlands, certain normal agricultural activities within and adjacent to wetlands are exempt from requiring permits, but filling, clear-cutting, and construction of non-agricultural structures are not. Federal wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The use of federal wetlands may require a 404 permit from the U.S. Corps of Engineers under jurisdiction of the federal Clean Water Act, as subsequently amended. The designated floodplain and wetland areas overlap. The total wet area is about 48.5 acres or 21% of the total property arca. Bog turtles are present in the subject wetland areas. The bog turtle is one of the smallest turtles in the world and is found in small populations within six counties in the lower Hudson River Valley. The bog turtle is endangered in NYS and threatened federally. In New York, landowners with bog turtles on their property must follow regulations that prohibit taking, importing, transporting, or possessing them without a permit, and must avoid actions that harm the species or its habitat. The soils are mapped on the following page. According to NRCS Web Soils Survey, there are about 65 acres of prime soils and 60 acres of soils of statewide importance for agricultural use. This is 125 acres in total of good agricultural land, 62% of the total acreage. These soils are also generally suitable for buildings subject to limitations on slope, depth to bedrock and wetness. About 80 acres are in active agricultural production. The fields were planted in corn and hay at the time of the inspections The remaining soils are wet, rocky, shallow to bedrock and more steeply sloped. They have significant limitations for buildings, septics and driveways. Except for the wetland soils, they are moderately productive for growing trees. About 40% of the property is planted in hay and corn. 35 McGrath & Company, Inc. SOIL MAP PwB Ca Ca NyA BeC A DwB PzB REB DWC Su 6362-04-671168 NwB -Sú NWC NwC NwB DwB wwc 6362-04-844138 (72.1 Ac.) OwC DwC Pond NyA Soil Map Property of Domin Rombout Rd and Freedom Rd 500 Soil Code Soil Description Soil Class DwB Dutchess-Cardigan complex, undulating, rocky PwB Pittstown silt loam, 3 to 8 percent slopes All areas are prime remind Ca DwC Canandaigua silt loam, neutral substratum Dutchess-Cardigan complex, rolling, rocky Su Sun silt loam PwC Pittstown silt loam, 8 to 15 percent slopes BeC Bernardston silt loam, 8 to 15 percent slopes NwC Nassau-Cardigan complex, rolling, very rocky Not prime farmland Water Not prime farmland NyA Natchaug muck, 0 to 2 percent slopes Not prime farmland NwB Nassau-Cardigan complex, undulating, very rocky Not prime farmland NwD Nassau-Cardigan complex, hilly, very rocky Not prime farmland Cc Catden muck, 0 to 2 percent slopes Not prime farmland P28 Punsit silt loam, 3 to 8 percent slopes Prime farmland if drained DwB 1500 2.000 1: Su Freedom Road NwD NwB DwB 6462-03-080054 6462-08-047028 (5.01 AC.) DwB NyA Ca Subject Coverage Prime Soil Statewide Soil 32.5% 29.6% Prime Farmland Soil of Statewide Importance Prime Farmland if Drained Not prime farmland Water bodies 2025. McGrath and Company. Inc Vopped Sourcey Cute DiS Natore Metars 36 McGrath & Company, Inc. AiLI .. Timber Resources: According to the draft conservation casement there are about 120 acres of stands of soft and hardwoods between the two primary field areas. No information pertaining to the timber inventory or timber capital value was provided. The contributory value of the standing timber, if extraordinary, was not included in the appraisal. Portions of the forest were commercially harvested during the past several years and have been periodically harvested over the past decades. Improvements: CREP: Utilities: Easements, Rights of Ways: There are no building or structural improvements. There are no fixtures, Testick, forage structures and facilities. There is no municipal water or sewer in the neighborhood. Water and sewer service would be by private wells and septic systems. Electric and cable lines run along the road frontages and across the casterly property. There is a single 100 wide easement to Central Hudson Gas & Electric that runs along and inside the subject western boundary. This casement s improved with a smaller overhead power transmission line. There ar wo additional regional overhead power line fee corridors that paralle the subject's western boundary. The casement and corridors are illustrated on the following excerpt from the easement survey. The Domins are allowed rights of ways and crossings. There is an existing farm road that crosses from the subject to other lands of Domin. The Domins farm the land under the transmission lines. *ACE ALLOUD SPECS OF WA 396 THE DOMINS WAY OR CROSSINGS CON EDISON IT TO CROSS AND RECROSS T CENTRAL HER ON 6A5 9e TECTRIC CORP. - To Rombout Road = CENTRAL HUOSON GAS & ELECTRIC GORP MDE EASEMENT) Liber 100Y page 158 Encroachment: -form road The casement survey illustrates a minor outbuilding encroachment from the neighboring property along the northern boundary near the Rombout Road frontage. According to the owner, the issue has been resolved as the outbuilding was moved off the subject property. 37 McGrath & Company, Inc. Use History: Rental History: Sales History: The property is currently used for the production of hay and corn (40%) as part of a larger dairy farm operation that goes back several generations. There are about 120 acres of maturing hard and softwoods which have been periodically harvested over the years. The remainder of the property is designated flood plain, wetlands and brush. The property is not rented. There is no rental history during the past three years. The property is in verbal agreement for the purchase of a conservation casement to be held by the Dutchess Land Conservancy, Inc. The purchase price is $802,080 based on an appraisal prepared by McGrath & Company, Inc. dated August 19, 2022. It is my understanding that the NRCS and the Wetlands Trust Inc. will be partners in the acquisition. There have been no sales of the property during the past 10 years. It is my understanding that the property is not currently listed with a real estate agent, nor has it been actively marketed for sale during the past three years. Jay Stanley Domin and Stanley John Domin acquired title to tax parcel 6363-04-671168 from Joseph C. Domin and Jacob S. Domin by deed dated December 27, 1980 and recorded in the Dutchess County Clerk's Office on December 31, 1980 in Book 1550 page 30. Jay S. Domin and Stanley J. Domin acquired title to tax parcels 6462- 03-030054 and 047028 and 6362-04-844138 from Stamp Enterprises, Inc. by deed dated February 19, 1982 and recorded in the Dutchess County Clerk's Office on February 19, 1982 in Book 1574 page 486. 38 McGrath & Company, Inc. PROPERTY ASSESSMENT The property was assessed for tax purposes as summarized in the following table. The total land assessment is $1,017,718. An equalization rate (ER) can be used to convert the assessed value of a property into the indicated assessor's full market value (FMV) of the land. The current New York State equalization Rate for the town is 81%. The total land FMV is $1,256,400 ($6,266/acre). The property benefits from an Agricultural Assessment. The Ag District exception is $934,870, 92% of the assessment. Only 8% of the assessment is taxable. The assessment information is provided as a matter of record only. The Agricultural Assessment Program is detailed on the following page, largely excerpted from the NYS Department of Taxation and Finance website. Due to the favorable tax exemptions, the subject annual real estate taxes are $3,074. PROPERTY ASSESSMENT Taxlot Address Combined Property dass Acreage Land Assessment Imp. Assessment Total Property Tentative Equalization Rate Full Market Value FMV - per acre Exemptions Agr. District Taxable %taxable Current Real Estate Tax Rates County Town Fire Arlington School Combined Ourrent RE Taxes 6462-03-030054 6462-03-047028 253 Freedom Road 245 Freedom Road T/LaGrange T/LaGange 105 105 Agr. vacant land Agr. vacant land (productive) (productive) 5.01 5.01 $40,100 $o $60,060 $0 $40,100 $60,060 81.0% 81.0% $49,500 $74,100 $9,880 $14,790 $38,307 $1,793 4% 3.06 3.36 5.20 25.49 37.11 $67 $58,267 $1,793 3% $67 6362-04-671168 Rombout Road /LaGrange 105 Agr. vacant land (productive 118.40 $511,058 $0 $511,058 81.0% $630,900 $5,329 $461,528 $49,530 10% 6362-04-844138 Rombout Road T/LaGrange 105 Agr. vacant land (productive) 72.10 $406,500 $0 $406,500 81.0% $501,900 $6.961 $376,768 $29,732 7% 200.52 $1,017,718 $1,017,718 81.0% $1,256,400 $6,266 $934,870 $82,848 8% $1,838 $1,103 $3,074 39 McGrath & Company, Inc. NYS Agricultural District Lav The State Legislature enacted the New York Agricultural Districts Law in 1971 to protect and promote the availability of land for farming purposes. The law provides a locally initiated mechanism for creating agricultural districts. Agricultural districts are intended to counteract the impact that nonfarm development can have upon the continuation of farm businesses. The Agricultural Districts Law allows reduced property tax bills for land in agricultural production by limiting the property tax assessment to its prescribed agricultural assessment Agricultural assessments are limited to land used in agricultural production, including cropland, pasture, orchards, vineyards, sugarbush, land used to grow Christmas trees, support land, and crop acreage either set aside or retired under federal supply management or soil conservation programs. Up to 50 acres of farm woodland is eligible for an agricultural assessment per eligible tax parcel. Benefit assessment, special ad valorem levies, or other rates and fees for the finance of improvements such as water, sewer or nonfarm drainage may not be imposed upon land used in agricultural production and within an agricultural district unless such charges were imposed prior to forming the agricultural district. After deciding whether the parcel—or any part of it-is eligible for an agricultural assessment, the assessor calculates the assessment by multiplying the acreage in each soil group and farm woodland by the applicable agricultural assessment value. The sum of the values is multiplied by the municipality's latest state equalization rate or special equalization rate. The resulting figure is the agricultural assessment for the eligible land on the parcel. This amount is compared to the assessed value of the eligible land. Any assessed value above the agricultural assessment is exempt from real property taxation. Land generally must consist of seven or more acres that were used in the preceding two years for the production for sale of crops, livestock, or livestock products. The annual gross sales of agricultural products generally must average $10,000 or more for the preceding two years. If an agricultural enterprise is less than seven acres, it may qualify if average annual gross sales equal $50,000 or more. Land that supports a commercial horse boarding operation may qualify for an agricultural assessment if specific eligibility requirements are met. If farmland that has received an agricultural assessment is converted to a nonagricultural use (within five years of last receiving an agricultural assessment if located in an agricultural district and within eight years if located outside an agricultural district), a payment to recapture the taxes forgone for converting such land will be imposed. The assessor determines whether a conversion has occurred on the basis of the facts of each case. A payment for conversion is equal to five times the taxes saved in the most recent year that the land received an agricultural assessment. In addition, interest of 6% per year compounded annually will be added to the payment amount for each year that the land received an agricultural assessment, not exceeding five years. When only a portion of a parcel is converted, the assessor apportions the assessment and the agricultural assessment and determines the tax savings attributable to the converted portion. 40 McGrath & Company, Inc. = MUNICIPAL REGULATIONS The parcels are zoned R-135, Residential Low-Density (RLD). According to the Town Zoning Code, the RLD District is primarily for open space, low-density residential and agricultural uses. This district features many constraints to development, including steep slopes, mapped and unmapped wetlands, and shallow depth to bedrock. This area also has a relatively less developed road system and lacks public water and sewer infrastructure. Many residential uses rely on individual wells and septic systems. The minimum lot size in this district is 120,000 square feet (2.75 acres). TABLE OF AREA AND BULK REGULATIONS Minimum Lot Area Minimum Lot Frontage Minimum Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Maximum Height Maximum %% Lot Coverage Maximum % Impervious 120,000 SF 100 feet 200 feet 80 feet 40 feet 40 feet 35 feet 10% 15% The Town also has Subdivision Regulations which define a subdivision as "the division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, for the purpose of purpose of immediate or future sale or building development." The Planning Board requires a reapplication discussion and a sketch plan review upon application. The Board then reviews both preliminary plats and a final or subdivision plat. A preliminary plan is defined as a drawing or drawings clearly marked "preliminary plat, showing the salient features of a proposed subdivision, as specified in these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision. A final or subdivision plat is defined as a drawing in final form, showing a proposed subdivision, containing all information or detail required by law and by these regulations to be presented to the Planning Board for approval, and which, if approved, may be duly recorded by the applicant in the office of the County Clerk. 41 McGrath & Company, Inc. PROPOSED CONSERVATION EASEMENT The property is proposed to be encumbered by a conservation easement. A final draft of the Conservation Easement was provided and is included in the Addenda. The general terms of the easement include the following. A more liberal or conservative casement may require a revision of the estimated values of the appraisal. An Easement Map is included on the following page. According to the draft the primary purpose of the conservation casement is to protect the Agricultural Use and future viability, and related conservation values of the Protected Property, by limiting nonagricultural uses that negatively affect the Agricultural uses and conservation values of the Protected Property. Additional purposes of the easement include: to conserve the scenic, open wooded and natural character of the Protected Property and to protect the quality of its steep slopes, woodlands, prime and importance farmland soils, streams and wetlands, habitat, and scenic quality by restricting development and use of the Protected Property. The Grantor and the Conservancy intend that the Conservation Easement will confine the use of the Protected Property to activities that are consistent with the purposes of the Easement and will prohibit and prevent any use of the Protected Property that materially impair or interfere with the purposes of the Conservation Easement. According to the draft conservation casement, the Protected Property can be used solely for Residential, Recreational, Agricultural, Educational, and Forestry Uses. Commercial Uses of the Protected Property are limited to commercial Agricultural Use, Commercial Forestry Use, and Rural Enterprises that are consistent with the purposes of the Conservation Easement. No Industrial Use of the Protected Property is permitted and no Institutional Use of the Protected Property is permitted, except with the prior consent of the Conservancy. As indicated by the easement map, the easement will divide the property into the following use areas. CONSERVATION EASEMENT DEFINED USE AREAS FARMSTEAD AREA 1 RESOURCE PROTECTION AREA 1 RESOURCE PROTECTION AREA 2 FARM AREA 1 FARM AREA 2 TOTAL ACREAGE OF CONSERVATION EASEMENT 9.500 ACRES 53.156 ACRES 10.722 ACRES 39.695 ACRES 88.214 ACRES 201.287 ACRES 42 McGrath & Company, Inc. 43 McGrath & Company, Inc. 201.287 acres Totei Chararmatica Essora: ino Surrey Map of Conservation Basement on the Domia Property EASEMENT MAP Except as otherwise permitted by the casement, all Structures and Improvements must be located within the 9.5 acre Farmstead Arca. Agricultural Structures, utilities, and on-tarm energy structures may be located outside of the Farmstead Area with prior written consent of the grantee. Grantors may place or construct Structures and Improvements associated with Recreational Uses in the Farm Arca up to an aggregate of 1,000 SF without permission of the Grantee, and those that exceed an aggregate footprint of 1,000 SF with permission of the Grantee. Residential Dwellings are permitted only within the Farmstead Area and shall be subject to the following restrictions: No more than Property. one single family Principal Residence is permitted on the Protected As of the date of the Conservation Easement, there was no residence on the Protected Property. The Principal Residence shall not exceed a Footprint Area of 3,500 square feet and a Height of 35 feet. No more than two detached Assessory Residences are permitted. As of the date of the Conservation Easement, there were no Accessory Residences on the Protected Property. No Accessory Residence shall exceed a Footprint Area of 1,500 square feet and a Height of 25 feet. No Accessory Residence may be sold separately from the Principal Residence. No more than two Accessory Apartments may be located in within any permitted Structure. If located within a Residential Dwelling, the combined Footprint Area of the Accessory Apartment and Residential Dwelling shall not exceed the limits of the Principal and/or Accessory Residences. As of the date of the Conservation Easement, there were no Accessory Apartments on the Protected Property. No Accessory Residence shall exceed a Footprint Area of 1,500 square feet and a Height of 25 feet. No Accessory Apartment may be sold separately from the Principal Residence. Farm Labor Housing is permitted provided that detached units do not exceed a Footprint of 1.500 square feet each and height of 25 feet. Farm Labor housing may not be sold separately from the Principal Residence. The Grantor may place up to three Residential Dwelling to be used exclusively for Farm Labor Housing if necessary to conduct Agricultural Operations. These units may be placed on footings or slabs, but not on excavated foundation. They may not exceed a Footprint Area of 1,500 SF and a Height of 25 feet. Impervious Surfaces shall not exceed 2% of the Protected Property, excluding NRCS approved conservation practices. This limitation does not include public roads or other roads of the owners. Subdivision - separate conveyance of a portion of the Protected Property or division or subdivision of the Protected Property is prohibited. The Protected Property is comprised of four tax map parcels. The Grantor shall maintain such parcels and all interests, under unified ownership as though a single parcel. Lot line adjustments, which do not create additional building lots, are permitted only with the prior consent of the Conservancy. Forestry Uses may be conducted if in conformity with accepted silvicultural practices and sound land forest management practices to minimize crosion and adverse effects on natural resources with the prior consent of the Conservancy. All Commercial Forestry shall be conducted in accordance with a forestry management plan approved by the Conservancy. 44 McGrath & Company, Inc. HIGHEST AND BEST USE The highest and best use of a property is that which is both legally and physically possible and yields the maximum economic return over a given period of time. Generally, an analysis of the highest and best use of a property includes four areas of consideration: Legally Permissible: Analysis of those uses, which are legally permitted by applicable zoning regulations and not prohibited by special covenants, restrictions, moratoriums, etc. 2. Physically Possible: Examination of those legally permitted uses that are considered physically possible after analyzing site characteristics, topography, ingress/egress, availability of utilities, etc. 3. Financially Feasible: Analysis of those uses both physically feasible and legally permitted, which will produce the greatest economic return. 4. Maximally Productive: Analysis of alternative uses having similar risk characteristics, which will produce the highest land value at this time. BEFORE THE EASEMENT Municipal regulations include the zoning code and subdivision regulations. The property is zoned low density residential. Agriculture is a permitted use. The town regulations are typical of municipalities in the county and do not unduly restrict the property. There is a single 100 wide casement to Central Hudson Gas & Electric that runs along and inside the subject western boundary. This casement is improved with a smaller overhead power transmission line. There are two additional regional overhead power line fee corridors that parallel the subject's western boundary. The Domins are allowed rights of ways and crossings. There is an existing farm road that crosses from the subject to other lands of Domin. An additional neighborhood power line runs across the interior of the subject easterly tax parcels. There is a single pole on the subject. The availability of power in this location is a property enhancement. The property has a suburban location in proximity to numerous residential subdivisions that have been developed over the years. It is located several miles from the hamlet of Pleasant Valley and residential subdivisions extending to the northeast of the City of Poughkeepsie. It is located 1 ½ miles (as the crow flies) from Eastdale, the most notable new urban development in the county in recent years. The property has adequate public road frontage and an interior network of farm roads and woods trails. There are two farm areas with 120 acres of prime soils and/or soils of statewide mportance for agriculture, although not all areas are currently farmed. These soils are alsc commonly used for residential development in the county. Use of the property is restricted by significant wetlands, the presence of a bog turtle population, poor soils and the slopes of the wetland depressions. developing roads and infrastructure, and the difficulty in crossing designated wetlands and floodplain, and the presence of bog turtles, any residential subdivision of the subject would likely be concentrated in the casterly fields off the two public road frontages. 45 McGrath & Company, Inc. The maximum cul de sac length in the town is 1,250 feet. The minimum lot width at the building line is 200 feet. Given these parameters, two subdivisions of 12 lots (@ could be engineered off the public roads. While a development of this nature is infinitely more complicated than as presented, it is simply used to illustrate the development potential of the property. There are multiple other designs that could be created to utilize the more developable parts of the property. There remains a relatively good market in the region for higher end properties with superior amenities. There has historically been relatively good demand in the region for large tracts of land with amenities such as the subject. Buyers have been purchasing large tracts for residential estates, hobby farms, weekend homes, equine facilities and for private hunting preserves. The subject would appeal to a variety of buyers from this segment of the market. A more limited development as a horse farms) or hobby farm(s) is more likely than a small lot residential subdivision. The current residential real estate market in the town is considered to be relatively strong. The median price of housing increased significantly during and after the covid era, continuing through the date of inspection. The market slowed in 2024/25 with fewer sales, but interest remains relatively strong according to the more active brokers and prices have continued to increase. Real estate agents have also indicated that there is a lack of inventory, which is a common issue in the larger regional and national real estate markets as well. The market for larger tracts of development land in the subject market area is more nuanced with realtors reporting interest, but relatively few sales. The market has been less dynamic for potential development properties without infrastructure such as municipal water and sewer. Developers are also faced with high costs of gaining approval, extended time periods and the probability of neighborhood opposition. Financing is available for the purchase and construction of single-family residences and farm buildings from a variety of local and regional lenders. A residential use of the subject would provide a higher value than an agricultural, recreational and forestry use. No other uses were found that would result in a higher economic return. In my opinion, the highest and best use of the property is a minor subdivision of four lots or less for the development of rural residences as allowed by the Town Zoning Code and Subdivision Regulations; agriculture, commercial forestry and outdoor recreation. HIGHEST AND BEST USE AFTER THE EASEMENT The highest and best use of the property is the development of a farmstead complex within the building envelope to include residences and farm buildings as permitted by the easement; and agriculture, forestry and outdoor recreation within the Farm Areas and Resource Protection Areas. 40 McGrath & Company, Inc. APPRAISAL PROCESS There are three traditional approaches to estimating value: the income capitalization approach, the sales comparison approach and the cost approach. The sales approach is the preferred method of valuation of vacant land The sales comparison approach is a process of comparing prices paid for comparable or similar properties, which have recently sold. The comparable data is then compared to the subject property with an adjustment grid, with appropriate adjustments applied to account for any differences between the comparable sales and the subject. Such differences may involve date of sale, location, zoning, physical characteristics, construction quality, land size, accessibility to utilities, etc. A before and after method of appraising the property was used to arrive at my estimated casement value conclusion. In the before analysis the acreage was considered as unrestricted property, with all development and property rights intact. In the after analysıs the property was considered as impacted by the terms of the conservation casement. The value of the conservation easement is estimated as the difference between the before and after values. An extensive search was made for sales of comparable tracts with similar physical characteristics. Iused OneKey MLS and the ORPS SalesWeb in my research. McGrath and Company has been in business since the mid-1980s and is well connected with established Realtors. I consulted with several as part of my research. There have been few recent unrestricted or restricted sales of agricultural and forested land in the immediate subject market area. The lack of sales is a dilemma for the appraiser. The subject property is vacant residential and agricultural land with a private forest. A sales comparison approach is the applicable method of valuation. If there are only a few or no sales, appraisal guidance recommends expanding the geographie area of the search and going back in time. I expanded the time horizon and search to adjoining and nearby towns in the county as a whole and found an adequate number of sales to consider in the before valuation. I reviewed multiple prospective sales of agricultural land and property but disregarded a number of them as they were purchased for different reasons such as a residential estate, sand and gravel operation, solar farm and/or were improved with a multitude of buildings. After review and analysis of the potential comparable sales I selected four sales to consider in the before valuation and four in the after valuation. Four sales were improved with minor structures such as a barn, or a house in poor condition or a tear down. Four sales were improved with more substantial improvements. The contributory value of the improvements was estimated and deducted from the sale price to indicate the sale price of the land. Three of the sales used in the analysis were purchased or sold by a land trust and a municipal government. I am familiar with, appraised one of the properties and completed an extraordinary confirmation of the second. They are arm's length transfers between a willing buyer and seller. In the absence of comparable private sales, they provide a good representation of the real estate market for this property type. Conventional appraisal practice is to use sales to land trust and governmental agencies if there are not sufficient private sales. ration 47 McGrath & Company, Inc. VALUATION BEFORE THE EASEMEMT Few recent sales were found in the immediate subject neighborhood. I broadened the search and researched the surrounding and nearby towns in the county to find sales of comparable property. A number of sales were considered, four of which were considered to be the most comparable. They were considered to be representative of the market. A six-step procedure for applying the sales comparison was used 1. Research of the market for recent sales of comparable properties. 2. Verification that the sale data are accurate and that the sales are "arm's-length" transactions. 3. All four sales were improved with residences, barns and misc. buildings. The contributory value was estimated and deducted to indicate the sale price of the land. 4. Determination of the relevant unit of comparison. For this appraisal I used the sale price of the land/acre. 5. Comparison of the comparables to the subject and adjustment of the comparables for differences. I adjusted for differences in property rights conveyed, financing, conditions of sale, market conditions and differences in physical characteristics. 6. Reconciliation of the indications of value into a final value conclusion. Information pertaining to each sale is summarized in the following tables. Additional information on cach sale is included in the Addenda. All four sales were appraised or inspected by Al DeKrey. I used the most illustrative photographs, including photographs available on line to give the reader the most informative representation of the property. The sales were adjusted for differing characteristics in the following adjustment grid. 48 McGrath & Company, Inc. McGrath & Company, Inc. 1. i . 1 TABLE 1 VALUATION BEFORE THE EASEMENT PROPERTY OF DOMIN COMPARABLE FARM LAND SALES SUMMARY CONPIRASLE SCUECT GRANTOR: GRANTEE TYPE OF PROPERTY LOCATION SALE PRICE DATE OF SALE (APPR.AISAL.) ACREAGE ANANCING TERMS CONDITIONS OF SALE LOCATION PA BIJC ROAD FRONTAGE (LA FRONTAGE ACRE RATIO INTERNAL ACCENS ZONING COLITES OTHER PERTINENT PRISICAL CHARACTERISTIOS WETLANDS/FLOOD PENIN SLOPH SOUS LANDCOVER AMENTTES WATER CHARACTER VIEN IBITS CONSERVED LAND IMPROVEVENTS CONTRIBETORY VALLE OF IMPROVEMENTS INDICATED PRICE/ACRE DOMIN VORICELTLRALLANDS BOODS FREEDOM ROMBOLT ROS MAGRANCE DETCHESS COLNTY 12025 201.287 DANDENEAL LIVING TREST TO DIS FREEDOM RD ULC AORICELTER ILLIND & HOODS 2IS FREEDON ROAD TRAGRANCE DUTCHESS COUNT s1.500,000 82022 110.16 CASHI ARM'S LENGTH CASH ARM'S LENGTH RURAL. 1.225 6 FARM AND WOODS TRAILS SURE KBAS 1.072 10 DRIVEW1) AND FARM TRAILS RESIDENTIALLON DESSETY RESIDENTIAL MODER ATE DENSITY 120.000 s# 80.000 SF ELECTRIC & CABLE ALONG RD. ECTRIC & CABLE MONOR D TO IMPROVEMEN PRIVATE WELL & PRIVATE SEWER 24% WETLANDS ROLUNG TORLAT 62% PRIME SONS AND SORS OF STATEWIDE IMPORTANCE 30% FIELDS FLAT TOROLUNG 00% PRIME SONS AND SOILS OF STATEWIDE IMPORTANCE 75° FIELDS STREAMS GOOD VIEW FROM SU CORNER SONE TONE NONE OFNEIGHBORHOOD SOVE FARMSTEAD-BOUSE AND CARACESHOP $265.000 51.235.000 I LEI: 2020 = BLLEMEDFARN LI TO HOLLENBERCALALNES FORMER DARY FARM 35% GRETNA ROM PLEASANT VALLEY DUTCHESS COUNT $1.675,0000 52024 149.30 FE SIPLE CASH ARM'S LENGTH RURAL SUBURBAN 7,925 FRYWOODS TRESS RON RERAL SGRICELTERE 15 ACRE ELECTRIC & CABLE ALONG RD. AND TO IMPROVEMENTS PRIVATE WELL. & PRIVATE SEWER 27% WETLANDS/FLOODPLAI FLATTO ROLLING 0% PROVESONS AND SOILS OF STATEWIDE IMPORTANCE 60% FIELDS SACREPOND OFNEIGHBORHOOD NONE FARMSTEAD-RESIDENCE DIARY BARS COMPLEX $345.000 $1.330.000 3 TOWN OF RED HOOK AGRIETRAL LAND & WOODS 7507017N BROADWAY TIRED HOOK DUTCHESS COUNTS S1.575.000 122022 108.81 FEE SIMPLE CASH ARM'SLENCHE SUBURBAN 2250 21 PRIVATE ROAD AND FARMS TRAILS R20.000. AGRICULTURAL. BUSINESS DISTRICT? ACRE) MENCIN. WATER PEBLICSEWER IN PROXIMITY 70 PRIMESOUS AND SORS OF STATEWIDE IMPORTANCE 50%% FIELDS G ACREPOND OF NEIGHBORHOOD SONE INSTEAD -3 RESIDENC FRICE SHOP AND BAR $200.000 $1.375.000 $12.637 GREMET IK KAUFMA SGRIULERU LASD & HOODS ACADEMY HILL ROAD TILLS DUTCHESS COUNTY S1.600,000 *2023 139.51 FEESIPL CASHCASH ROUNALENT ARDS LENCTH 5,945 FIRM AND WOODS TRAILS A3A THREE ACRE MINIMEN) ECTRIC ALONG I NO TO BA PRIVATE WELL& SEPTIC REQUIRED HOLLING TOSTE 30% PRIMESOLS AND SOILS OF STATEWIDE IMPORIANCE 50% FIELDS & 50% WOODS STREAM GOOD OF COUNTRISIDE NONE KNOWS BARNS $20.000 $1_580,000 $11.325 McGrath & Company, Inc. TABLE 2 VALUATION BEFORE THE EASEMENT PROPERTY OF DOMIN ADJUSTMENT GRID PROPERTY LOCATION PRICE/ACRE QLASTIATIVE ADILSTNENTS PROPERTY RIGHTS CONVEYED FINANCING TERMS CONDITIONS OF SALE ADJUSTED PRICE MARKET CONDITIONS ADJUSTED PRICE SIZE TOTAL QUANTITATIVE (PHYSICAL) ADJUSTED PRICE/ACRE INDICATED RANGE - ALL SALES MIDPOINT OF ALL SALES MEAN OF ALL SALES QUALITATINE ADJUSTMENTS CEVERAL LOCATION ROAD FRONTAGE/ACCESS ZONING UTILITIES LANDOLALITY AMENITIES TOTAL OCALIEATIVE ADJUSTMENTS INDICATED VALLE DIRECTION CONCLE SION OF VALUE ACRE INDICATED VALUE DANDENEAL LIVING TRUST 10215 FREEDOM RD ALC 215 FREEDOM ROAD T'LAGRANCE $11.211 0% 1% 1% SE1211 14% $12,781 -11% -11% $11.375 $9.478 1O$12.5% $11.037 S11.175 - 0 - - DOWNWARD 59,500 $1.912.227 BLUE MUD FARM LLO TO HOLLENBERG/MALAZZO 353 GRETNA ROAD TPLEASINTVALLES $S.908 0% 1% 10% $9.799 +% S10.191 -7% -7% 59.478 - - -- DOWNWARD 3 RIC FARM LIC TOWN OF RED HOOK ALBANY POST ROAD TERED HOOK $12.637 0% 0% 0% $12.637 12% S14.153 -11% -11% $12.596 - - -.... - DOWNWARD GREMET TO KALEMA: ICADEMY HILL. ROAD T/MIL.A: $11.325 4% 1% 0% 511,325 8% $12.231 -8% -8% $11,253 + DOWNWARD COMPARABLE SALES LOCATION MAP BEFORE THE EASEMENT Mabbettsville Millbrook Pleasant Valley Taconic: heretord Multiple Use Area Ingestree Garden leispearis chose Locust all Marker Verbank * Thie Millbrook Inn acine State Paren Jarnes Baird Stale Park Freedom Plains Stringhain Park The Links at Union Vale : Hillside Lake Red Winke Park A Comparable Sales ) Subject Property Comparable Sales Billings Lagrangeville Tymor Park ARTHURSSURG Chelsea Cove Beekman Beekman Golt Course # s 1 2 3 Address 352-360 Gardner Hollow Rd Draxe Road Baker Road Brush It: Road 2878 Pieasant Ridge Road Poughquag West Mountam She forest The Dover Oak C Paw Post Office Beekman Pleasant Valley Beekman Union Vale Dover weat an open no. 202 51 McGrath & Company, Inc. VALUATION BEFORE THE EASEMENT EXPLANATION OF ADJUSTMENTS The major elements of comparison include the property rights conveyed, the financial terms of each transaction, the conditions or motivations surrounding the sales, changes in market conditions since the sales, the location of the comparables and their physical characteristics. I made both quantitative (dollar or percentage) and qualitative (+ or -) adjustments. A quantitative adjustment is a numerical adjustment to the indicated value of a comparable property to account for the effect of a difference between two properties on value. A qualitative adjustment is used to indicate that one property is superior, inferior, or the same as another property. If both quantitative and qualitative adjustments are made, quantitative adjustments are made first. In a market such as the subject's, where sales are few and far between and often differ significantly in legal and physical characteristics, quantitative (percentage) adjustments are difficult to prove with market data. I made the following quantitative adjustments based on available market data. I made the following qualitative adjustments to indicate whether a sale property is superior, inferior, or similar. Quantitative adjustments • Property rights conveyed • Financing terms • Conditions of sale • Market conditions • Size Qualitative adjustments • General Location • Road Frontage/Access • Utilities • Zoning • Land Quality • Amenities 52 McGrath & Company, Inc. QUANTITATIVE ADJUSTMENTS PROPERTY RIGHTS CONVEYED The first adjustment takes into account differences between the subject property and the comparable property sales with regard to the transferred legal interest. Adjustments are sometimes necessary if sales are being considered in which property rights were transferred that are different from the property rights that are being appraised. All of the sales utilized in this analysis involved the transfer of the fee simple interest. Since we are appraising the fee simple interest of the subject property, no adjustment is required. FINANCING The financial terms of a transaction can have an impact on the sale price of a property, if the terms are non-market financing. We analyzed all of the transactions to account for atypical financing terms. To the best of my knowledge, all of the sales used in the analysis were cash or were cash equivalent market-oriented financing. Therefore, no adjustments are required. CONDITIONS OF SALE Adjustments for conditions of sale usually reflect the motivations of the buyer and the seller. Each sale is analyzed to determine whether its sale price was affected by any unusual motivations of the part of the principals. The sales are arm's length transactions. No adjustments are required. Sale 2 sold on the low side. According to the Realtor, the seller who had purchased the property in November of 2021 experienced a change in life and "just wanted out." It was the Realtors opinion that the list price was low and that the 2021 sale was also on the low side. It was his opinion that the property should have sold for 10% more. The sale was adjusted upward 10% for conditions of sale. MARKET CONDITIONS This adjustment is to reflect the effect of the passage of time on the value of real property in the market. Changing market conditions can occur due to a number of factors, such as local, state or federal legal revisions, supply and demand imbalances, coonomic recession or an economic boom. Each sale is analyzed to determine if the market conditions at the time of sale were similar or different than those that prevail as of the effective date of the appraisal. While the housing market notably appreciated at a well-documented rapid rate during the time period of the four sales, the land market did not. There has been appreciation but it has been modest. Lacking paired sales to prove a time adjustment, I considered the four sales I used in the original August 2022 appraisal and compared them to the sales used in the current valuation. In the 2022 valuation I used four sales that closed between 12/2020 and 1/2021. 12/2020 is the midpoint of the range. The unadjusted sale prices per acre ranged from $9,014 to $10,003. The mean of the four sales was $9,554 per acre. 53 McGrath & Company, Inc. In the current valuation I used four sales that closed between 8/2022 and 5/2024. 6/2023 is the midpoint of the range. The unadjusted sale prices per acre ranged from $8,908 to $13,253. The mean of the four sales was $11,531 per acre. The difference in price per acre was $1,977 over the 30 months between the two midpoint dates which indicates a market appreciation of 20.7%, or .7% per month. The analysis, although a useful barometer of the market change, indicates a somewhat higher percentage than I have observed. In the adjustment grid I used an appreciation of 5% per month through the end of 2024. Given the economic uncertainties that emerged in 2025, no adjustment was made for 2025. SIZE This adjustment is an analysis of the relationship that exists between overall area, or size, and unit value. The adjustment is based on the general rule of thumb of the market, the larger the property size, the lower the unit price, or value, and vice versa. Three sales are smaller than the subject. I used a bulk paired sales analysis to extract a market adjustment for size. The size adjustment is based on the sale data charted in the graph below. I used the ORPS Sales Web to identify sales of agricultural and vacant land in Dutchess County. The sales criteria were a minimum size of 50 acres, a maximum size of 300 acres and a sale date of January 1, 2021 through the date of valuation. I further refined the data to chart sales with a price per acre between $7,500 and $15,000. The search identified 27 sales. I used the formula below (interactive in excel) to indicate a price per acre for each of the four sales and adjusted accordingly. y= 2276In(x) + 22504 SIZE ADJUSTMENT R° = 0.305 $16,000 $14,000 $12,000 $/Acre $10,000 $8.000 $6.000 50 100 150 Acreage 200 250 300 Size Correlation Slopes Intercept Trendline Marker 201.287 -0.485431173 -1486.61389% 13590.04651 $10,598 30 40 50 60 $7,257 $6,646 8.42% $6,035 9.19% $5,424 10.12% 54 McGrath & Company, Inc. Using the trendline marker, the following size adjustments are indicated. DANDENEAR LIVING TRUST TO 215 FREEDOM RO LIK -11% LE MED FARM LI HOLLENBERGAIN N -7% -11% -8% QUALITATIVE ADJUSTMENTS In the adjustment grid, numerical adjustment factors (with respect to each of the individual categories for which adjustments are made) are applied as follows: O denotes a degree of similarity or equality between the comparable sale and the subject property, sufficient to justify no numerical adjustment. A positive (+) adjustment indicates a degree of inferiority of the sale when compared to the subject property. A negative (-) adjustment indicates a degree of superiority of the sale, when compared to the subject property. LOCATION An adjustment for location is required when the locational characteristics of a comparable property are different from those of the subject property. The subject and sales 1, 2 and 4 are located in somewhat different neighborhoods but in my opinion have similar general locations. An analysis of ORPS SaleWeb data for the past two years indicates a range in average house price of $481,000 to $491,845 for the three comparables. The average house price in the subject Town of LaGrange February was $484,000. The differences are insignificant. No adjustments were made to the three sales. Sale 3 is located in the Town and Village of Red Hook and has a higher locational value. There were only three sales reported in the SalesWeb data for Red Hook. I further considered the OneKey Local Market Update for the town. The indicated average house price was $585,000 much higher than the subject location. The average house price is likely skewed by multiple sales in the highly successful Traditions in Red Hook, a homeowner's association of detached homes that are selling in a range of $500,000 to $650,000. Based on the market data, I adjusted the sale downward for location. ROAD FRONTAGE/ACCESS The adjustment for this category is a combination adjustment which reflects not only the effect of the property's frontage on its market value but also the utility of the frontage and its accessibility. Road frontage facilitates access and subdivision of a property. 55 McGrath & Company, Inc. The subject has a lower extent of frontage on public roads and/or a lower ratio of frontage to acreage. In addition, the subject lacks the developed driveway accesses and parking areas of the four comparables. All four were adjusted downward. ZONING The subject and three comparables require a minimum 80,000 SF to $130,000 (R) SF lot size for a residence. The subject and three comparables are generally similar and not adjusted. Sale 2 requires a minimum of 5 acres (217,800 SF) and was considered more restricted than the subject. The sale was adjusted upward. UTILITES Three sales are similar and not adjusted. The houses of sale 3 are connected to village water. At the time of the sale the Town and Village of Red Hook were discussing an extension of village sewer to the property line. The sale was considered superior in availability of utilities and was adjusted downward. LAND QUALITY Three physical characteristics were considered: topography, percentage of wetlands and quality of soils. The adjustments for the characteristics are summarized in the table below. The subject and comparables are generally rolling land with relatively minor steep slopes. No adjustments were made. Sale 2 has a significantly higher percentage of wetlands and was adjusted upward. Three sales have higher percentage of good agricultural soil and/or a higher percentage of active fields. They were adjusted downward. Overall, the combined adjustments are neutral for two sales and negative for two sales. LAND QUALITY ADJUSTMENT Physical Characteristic Sale 1 Sale 2 Sale 3 Sale 4 Topography Percentage of wetlands Quality of Soils Combined - - AMENITIES This is a general adjustment based on an overall evaluation of amenities such as view, water frontage, etc. Site features such as ponds, lakes or streams, the type of vegetation and the "lay of the land" etc. all play a role in concluding an opinion of the aesthetics and market appeal of a property. Also included in this category are negative amenities such as a visible power transmission line. The subject westerly fields are impacted by three highly visible transmission lines. The sales are not similarly affected, were considered superior in this aspect and were adjusted downward. 56 McGrath & Company, Inc. EL.. = VALUATION BEFORE THE EASEMENT VALUE CONCLUSION The preceding comparison resulted in a range of indicated values for the subject. This result is logical since for any given offering on the market, a range of possible values or transaction zone, exists in which a deal could be made. Customarily, appraisal practice requires that a single point estimate of value be chosen from the indicated range. The selection is made on the basis of the quality and quantity of data available to the appraiser and the relative comparability of each sale. The quantitative percentage adjustments ranged from -7% to - 11%. After the quantitative adjustments were made, the sales ranged in value/acre from $9,478 to $12,596/acre. The midpoint of this range is $11,037/acre. The mean is $11,175/acre. The qualitative adjustments were downward for all four sales. The adjustments for sale 3 were considered excessive. The sale was given less weight. In my opinion, the qualitative adjustments indicate a reconciliation at the lower end of the quantitative range. Based on the analysis, it is my opinion that the market value of the fee simple interest in the subject real property before the imposition of a proposed conservation easement, as of March 20, 2025, was $9,500/acre, or a total value of: 201.287 acres X $9,500/acre =$1,912,227 57 McGrath & Company, Inc. FACTUAL DATA AFTER ACQUISTION The legal description is the same as in the before. The neighborhood and property data factors and features are the same. HIGHEST AND BEST USE AFTER THE EASEMENT The highest and best use of the property is the development of a farmstead complex within the building envelope to include residences and farm buildings as permitted by the casement; and agriculture, forestry and outdoor recreation within the Farm Areas and Resource Protection Areas. VALUATION AS PROPOSED TO BE RESTRICTED A six-step procedure for applying the sales comparison was again used. 1. Research of the market for recent sales of comparable properties. 2. Verification that the sale data are accurate and that the sales are "arm's-length" transactions. 3. Estimated and deducted the contributory value of the improvements to indicate the sale price of the land. 4. Determination of the relevant unit of comparison. For this appraisal I used the sale price of the land/acre. 5. Comparison of the comparables to the subject and adjustment of the comparables for differences. 6. Reconciliation of the indications of value into a final value conclusion. Information pertaining to each sale is summarized in the following tables. Additional information on each sale is included in the Addenda. All four sales were appraised or inspected by Al DeKrey. I used the most illustrative photographs, including photographs available on line to give the reader the most informative representation of the property. The sales were adjusted for differences in property rights conveyed, financing, conditions of sale, market conditions and differences in physical characteristics in the following adjustment grid. An explanatory narrative follows the summary table and adjustment grid. 58 McGrath & Company, Inc. McGrath & Company, Inc. : " 1.l TABLE 3 VALUATION AFTER THE PROPOSED EASEMENT PROPERTY OF DOMIN COMPARABLE SALES SUMMARY TABLE COMPARABLE: GRANTOR: GRANTEE EXATIO SEPRICE PROPER IN RICHIN COMEDED FINANONG CONDIHONS OF SALE IPE OF PROPERTY DATE OF SALE (APPRAIS CI) LOCATION ICREAGE ZONING PUBLIC ROAD FRONTAGE F FRONTAGE ACRE RATIO WATER CHARACTER SLOPE SOLS LAND COVER VIEN MINCIPA CHINES BE DINC IMPROVEMENTS ESTIMATED CONTRIBUSORY VALE SOF IMPROVEMEN IS INDICATED VALUE OF LAND LIND PRICE PER ACRE SE HECT DOSIN PERMITTED RES BUNDING ENVELOPES TOTAL RESENTEM BE MEA AERICESTERALBEDO PERMITTED SE BIONISION PERMITTED PER CONSENANT TO FARM: OPTION RIGHT OF FIRSE REFESAI. LIND PRICE PER ACRE FREEDOM AND BOMBOLT ROS DAAGRANCE DITCHESS CO. SUSIENCH ARKLIN HAN 3/2025 201.207 RES. LON DENSIN GoOD OF COONRISHE PRIDE TERES NONE 1.11 SOT PERMITTED ..12 38080# :38 0-12 PROX: ILLOW RON DUTCHESS (0. S1.170,000 76:0 NORTH BROADWAY TIRED HOOK DUCHESS COUNTY $7.30,0001 AUSTENGE CASHOR CASHEOCNALENT AUStENGTH 42023 SUBURBAN 194.98 3.050 = SON. WETLANDS FLAT TO ROLING 12% PROVE SOULS AND SOIL> 122023 SEBURBAN 46.-33 R-S ROASD IOR. BESINESS DISTRICT 3.240 OF COLN TRASHE FARMSTEND SAWKII. 10% WETLANDS FLAT TO ROLLANC 30% PRIME SONS & SONS OF SINEWIDE INE FENDS SIMILAR VILLAGE WATER SEWER IN PROXIMITY THOSER & OFFICE BEEDING $2.30.0000 $940.080 $4.x21 1A3D VIRA" S130,1K0 3000,000 SOTPEKDETTED NOT PERMITTED S4.X3) PREEMPONE PURCHASE RICHE TODLICHES LESD CONSERVASCY $6.203 MAGESTO 152-15X PROSPECT HELL ROAD ESTANFORD DUTCHESS COUNTS 5825,000 FEKINTEREST SUBJECT TO DIC EASEMENT CHOR CASH ROUNAEST MYSEECH 122023 112.18 RR5 1.802 16.1 TRE WOND FLAT TO ROLLING 50% PRIME SONS & SONS OF COUNIRISIDE HARAS $65.000 $700,000 FOR AGRICTETERAL ONE WITH PRIO APROVA. NONE So. 775 DUTCHESS LAND COSSERIASC 5427 ROCTEN: THASHINCTON DUTCHESS CO. $705,000 FEE INTEREST SUBJECT TO DEC EASEMENT CAsH ARM'S LENGTH AGRICULTERAL LAND & WOODS 122021 KURAI. 109.72 RISIC LASD CONSEREATOA 1.303 124 NAPPISGER CREEK 11% WETLANDS FATTO ROLLING 15°. PRINE: SORS AND SORS OF SEVENDED HELE OFCOLSIRISIDE tessecomes BARY $15.000 5690.000 s0.289 10 ACRES NOT PERMITTED s6.289 McGrath & Company, Inc. TABLE 4 VALUATION AFTER THE PROPOSED EASEMENT PROPERTY OF DOMIN COMPARABLE SALES ADJUSTMENT GRID PROPERTY FERME FARM LIC LOCATION 6-12 FROC HLLOW ROAI T/BEEKNA: SALE PRICHACRE QUANTATE ADASTMENTS FINANCING TERMS CONDITIONS OF SALE MARKET CONDITIOAS SIZE ROAD FRONTAGE AMENITIES TOTAL ADJESTMENTS ADJUSTED PRICEACRE INDICATED RANCE MID RANGE MEAN QUALITATIVE ADJUSTMENIY PROPERTY RIGHTS CONVEYED 1 - # OF RESIDENTIAL. BE'S 2.%% OF RES. BE TO TOTAL ACREAGE 3- SF RESTRICBONS-RESIDENTIAL. +-SF RESTRICTIONS - AGRICULURAL BEDGS 5- SUBDIVISION RIGHTS LOCATION LAND OUALITY TOTAL QUALITATIVE ADJUSTMENTS INDICATED VALUE DIRECTION CONCLUSION OF VALLEACRE INDICATED VALLE S4.821 8% 1% 10% 1% 0% 0% 10% $5.303 $5.303 TO S6.365 $5.830 $5.94x ... DOWNWARD $5,500 $1.107.079 10 NORTH BROADH ZED HO 56.203 0% 0% 6% -12% 8% 0% -6% $5,831 PARK ACHI 1215 PROSPECT SIA OD $6.775 0% 0% -12% #% -6% $6.36X = ÷ 1== - - ... DOWNHARD DOWNWARD 8 5427 ROUTE & I/WASHINGTO: $6.28% 0% 0% 12% -12% 0% 0% 4% $6.289 + DOWNWARD COMPARABLE SALES LOCATION MAP AS RESTRICTED BY THE PROPOSED EASEMENT Milan iliff RHINESECK VILLAGE Milier taatsburg WURTEMGURG Pleasant Plains yde Park Haviland 1 Fairview MacConnell Heights Poughkeepsie Spackenkill own Heights Warpingers herhonnuilin... A Comparable Sales ) Subject Property Comparable Sales ATTLEBURY Bangall Stanfordville Clinton Corners Salt Point (M Pleasant Valley Freedom Plains Billings Trangeville ARTHURSAURG Hillside Lake Hopewell binatinn # Mabbeltsville Millbrook Verbank (65) Poughquag (s) 2 3 4 Address 352-360 Gardner Hollow Rd Schuitz Hi Road 33-39 Davis Road Rymph Road 6322 Route 82 Post Office Beekman Clinton Pieasant Valiey LaGrange Stanford • Shekomeko Smithfield Lithgow Amenia Wassaic Dover Plains Wingdale NEW YORK CONNECTICUT McGrath and Company, Inc. 2024 61 McGrath & Company, Inc. EXPLANATION OF ADJUSTMENTS I again made both quantitative (dollar or percentage) and qualitative († or -) adjustments. QUANTITATIVE ADJUSTMENTS CONTRIBUTORY VALUE OF THE IMPROVEMENTS The sales were improved with residences and barns. The estimated contributory value of the improvements was deducted to indicate the price paid for the land. FINANCING The financial terms of a transaction can have an impact on the sale price of a property, if the terms are non-market financing. We analyzed all of the transactions to account for atypical financing terms. To the best of my knowledge, all of the sales used in the analysis were cash or were cash equivalent market-oriented financing. Therefore, no adjustments are required. CONDITIONS OF SALE Adjustments for conditions of sale usually reflect the motivations of the buyer and the seller. Each sale is analyzed to determine whether its sale price was affected by any unusual motivations of the part of the principals. The sales are arm's length transactions. No adjustments are required. MARKET CONDITIONS This adjustment is to reflect the effect of the passage of time on the value of real property in the market. Changing market conditions can occur due to a number of factors, such as local, state or federal legal revisions, supply and demand imbalances, economic recession or an economic boom. Each sale should be analyzed to determine if the market conditions at the time of sale were similar or different than those that prevail as of the effective date of the appraisal. I considered the analysis for market conditions detailed in the before valuation (page 53). I again used an adjustment of .5% per month through the end of 2024. SIZE This adjustment is an analysis of the relationship that exists between overall area, or size, and unit value. The adjustment is based on the general rule of thumb of the market, the larger the property size, the lower the unit price, or value, and vice versa. Three sales are smaller than the subject. I again considered the size analysis detailed in the before valuation (page 54) and adjusted accordingly. Three sales were adjusted - 12% for differences in land area. ROAD FRONTAGE The adjustment for this category is a combination adjustment which reflects not only the effect of the property's frontage on its market value but also the utility of the frontage and its accessibility. Road frontage facilitates access and subdivision of a property. An adjustment for road frontage is not typically made in the after valuation, as the development rights have been extinguished. 62 McGrath & Company, Inc. 31. AMENITIES A negative adjustment was made in the before valuation to reflect the diminution in value that could be attributed to the three highly visible power transmission lines along the western boundary. No adjustment was made in the after valuation, as the power lines do not overly affect the utility of the adjoining farmland, and in fact add additional acreage as Niagara Mohawk and Central Hudson allow farming within the powerline corridor and casement areas. QUALITATIVE ADJUSTMENTS PROPERTY RIGHTS I made five adjustments for property rights conveyed. 1) Number of residential building envelopes - The subject casement allows a single residential building area. Three sales are similar and were not adjusted. The casement of sale 8 allows two residential building envelopes and was considered more liberal. The sale was adjusted downward 2) Building Envelope/Site (BE) - The subject casement allows a 9.5-acre farmstead building envelope, or 5% of the total property area. The easement of sale 7 allows a similar percentage and was not adjusted. The easements of sales 5 and 8 allow larger building envelopes and/or a higher percentage of building area to total acreage. They were adjusted downward. The casement of sale 6 is more restrictive. The sale was adjusted upward. 3) Single family SF restrictions - Three sales are similar and were not adjusted. The easement of sale 6 does not cap the residential square footage. The easement was considered more liberal. The sale was adjusted downward. 4) Agricultural building SF restrictions - the casement of sale 8 is more restrictive with respect to caps on permitted agricultural structures. The sale was adjusted upward. 5) Subdivision - Three sales are similar and were not adjusted. The casement of Sale 7 allows for subdivision for agricultural usc, but only with prior approval, which cannot be assumed. The sale was not adjusted. LOCATION An adjustment for location is required when the locational characteristics of a comparable property are different from those of the subject property. The analysis of the ORPS SalesWeb and One Key data indicated a superior location for sale 6 in the Town and Village of Red Hook. The Towns of Stanford and Washington are typically considered to have higher values than the LaGrange subject location. All three sales were adjusted downward. 63 McGrath & Company, Inc. LAND QUALITY Three physical characteristics were considered: topography, percentage of wetlands and quality of soils. The adjustments for the characteristics are summarized in the table below. The subject and comparables are generally rolling land with relatively minor steep slopes. No adjustments were made. Sale 2 has a significantly higher percentage of wetlands and was adjusted upward. Three sales have higher percentage of good agricultural soil and/or a higher percentage of active fields. They were adjusted downward. Overall, the combined adjustments are neutral for two sales and negative for two sales. LAND QUALITY ADJUSTMENT Physical Characteristic Sale 5 Sale 6 Sale 7 Sale 8 Topography Percentage of wetlands Quality of Soils/ of fields - -- -- 0 + 0 0 -- + Combined + 0 VALUATION AS PROPOSED TO BE RESTRICTED BY A CONSERVATION EASEMENT CONCLUSION OF VALUE The preceding comparison results in a range of indicated values for the subject. This result is logical since for any given offering on the market, a range of possible values or transaction zone, exists in which a deal could be made. Customarily, appraisal practice requires that a single point estimate of value be chosen from the indicated range. The selection is made on the basis of the quality and quantity of data available to the appraiser and the relative comparability of cach sale. The net qualitative adjustments ranged from -6% to 10%. The sales indicate a rounded range of $5,303 to $6,368 per acre. The midpoint of the range is $5,836/acre. The mean is $5,948/acre. The qualitative adjustments were downward for all four sales indicating a value of less than the midrange and mean value indicated by the qualitative adjustments toward the lower end of the qualitative adjusted range. Sale 5 was a transfer between related parties, with the sale price established by appraisal. The sale was given less weight. I gave weight to the remaining sales and concluded a restricted value of $5,500/acre, for a total restricted land value, as of March 20, 2025, of: 201.287 acres X $5,500/acre = $1,107,079 64 McGrath & Company, Inc. = RECONCILIATION AND FINAL VALUE CONCLUSION In the reconciliation, the difference between the unrestricted property value and the value as proposed to be restricted by casement indicates the market value of the property rights to be acquired through the proposed conservation casement, as of the March 20, 2025 effective date of valuation. A before and after method of appraising the property was used to arrive at my estimated casement value conclusion. In the before analysis the acreage was considered as unrestricted property, with all development and property rights intact. In the after analysis the acreage was considered as impacted by the terms of the conservation easement. The value of the conservation easement is estimated as the difference between the before and after values. My values conclusions are included in the table below. SUMMARY TABLE OF VALUES Before Value 201.287 acres (a) $9,500/acre = $1,912,227 After Value 201.287 acres @ $5,500/acre = $1,107,079 Value of the Easement Easement value per acre Easement value percentage Less Enhancement Value of the Easement less Ehancement $805,148 $4,000 42.1% SO $805,148 65 McGrath & Company, Inc. Hypothetical Condition of the Appraisal In the valuation, I assumed that the restrictions of the proposed casement were in effect as of the date of appraisal, when in fact they are not. I was provided a final draft of the Conservation Easement prepared by the Dutchess Land Conservancy (DLC). A more restrictive or liberal change in the casement agreement may result in a change in the value of the partial rights appraised. This hypothetical condition was approved by the NRCS. Extraordinary Assumptions of the Appraisal I was not provided any environmental analysis of the property. The value estimates are predicated on the assumption that there is no hazardous material on the property that would cause a loss in value. I am not an expert in recognizing such conditions and recommend that interested parties engage an environmental expert to survey their property. In the appraisal I assumed a "clean site." 66 McGrath & Company, Inc. ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report is intended to comply with the reporting requirements set forth under the Code of Professional Ethics and Standards of Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The report is also intended to comply with the Appraisal Standards of a Real Property Appraisal for the Forest Conservation Easements for Land Trusts Program. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in the report. The distribution of values estimated herein for land and/or improvements where separately scheduled are values applicable to each such respective element of the subject property under the programs) of utilization defined herein by virtue of the definition and description of highest and best use. Such individual values may not be applicable under other alternative use programs, and are invalid in conjunction with any other appraisal. If this appraisal report contains a valuation relating to an estate that is less than the whole fee simple estate, then (i) the value reported for such estate relates to a fractional interest only in the real estate involved, and (ii) the value of this fractional interest plus the value of all other fractional interests may or may not equal the value of the entire fee simple estate considered as a whole. Any sketch(s), map(s), drawing(s), and/or diagram(s) prepared by the appraiser and included in this report have been offered only for the purpose of providing visual assistance. No engineering survey or analysis of the property has been made by the appraiser, and no responsibility is assumed in connection therewith. If this appraisal report contains a valuation relating to a geographical portion of a larger parcel or tract of real estate, then (i) the value reported for such geographical portion relates to such portion only and should not be construed as applying with equal validity to other portions of the larger parcel or tract, and (i) the value reported for such geographical portion plus the value of all other geographical portions may or may not equal the value of the entire parcel or tract considered as an entity. The subject property has been considered to have been held under responsible ownership and competent management, unless otherwise specifically stated. In the absence of a statement herein to the contrary, it is assumed that such quality ownership and management will continue for the remaining economic and useful life estimated thereof. To the extent, if any, that information, estimates, and/or opinions have been obtained from others, and to the extent, if any, that such information, estimates, and/or opinions have been utilized and/or included herein, the source(s) of such information, estimates, and/or opinions may be deemed to have been sound, responsible, and reliable. However, no responsibility or liability thereof is assumed by the appraiser. 67 McGrath & Company, Inc. Any representation, indication, and/or description herein as to the physical condition and/or content of the unseen, underlying land or the indiscernible improvements included in this report is intended solely as an expression of the general visual impression gained by the appraiser upon inspection of the property. No representation is made as to any technical and/or engineering expertise of such observations, and no technical and/or engineering professional responsibility is assumed thereof, or for any conditions not observable or specifically mentioned herein. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea- formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The Client is urged to retain an expert in this field, if desired. Possession of this report, or a copy thereof, does not confer any right of disclosure as to the value conclusions, identity of the appraiser, or any part of the contents hereof, or of publication, nor may it be used for any purpose by anyone other than the committee without the prior written consent of the appraiser or the committee, and then only subject to such qualification(s) as may be imposed in connection therewith. Exception to this condition is granted for appraisal reports submitted to any court of competent jurisdiction, or other duly constituted official body by, or on behalf of the committee, pursuant to duly instituted legal proceedings. The appraiser by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. I have not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the Americans with Disabilities Act (ADA), which became effective January 26, 1992. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since I have no direct evidence relating to this issue, 1 did not consider possible non- compliance with the requirements of the ADA in estimating the value of the property. 68 McGrath & Company, Inc. H EE: A 1 11128108E ILE ADDENDA BEFORE THE EASEMENT Comparable Land Sale #1 - 215 Freedom Road, LaGrange Property Name Tax ID Address Town/County Property Rights Arm's Length Sale Price Financing Date of Sale Grantor Grantee Liber/Page Acreage Floodplain DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best Use Comments Dandencau Auto 6461-01-200793 215 Freedom Road LaGrange, Dutchess Fce simple Yes $1,500,000 Cash 08/11/2022 Dandeneau Living Trust Estate of Dandeneau 215 Freedom Rd. LLC 2022/52928 2022/52927 110.16 None 4.6% DEC Wetlands 5.8% NWI Wetlands Not known, minor 66% Prime Farmland Soils 24% Statewide Important Soils 75% Fields 5% Steep Slopes 10% designated wetlands Of Neighborhood None RMD. Residential Moderate Density 80.000 SF minimum 1.072 feet :01-200793 Property Coverage Flood Zonas NWI Wetlands 00% 58% DEC Wetlands 4.6% Total Wet 10.3% Steep Slopes. 4.8% Subjec: Property DEC Wetlands i: 1%: Annual Flood - ICt: Contour 0.2% Annual Flood Slopes 15 • 25% NW! Wetlands Slopes 25% or more Electric & Cable Along Road and to Improvements. Private Well & Private Sewer None Noted other than typical for power lines Farmstead - House and Garage/Shop Jorge Caraballo. Exp Realty, listing agent $13,253 net of improvements Agriculture with potential for future subdivision and residential development Farm property acquired by an investment group on speculation. Optioned to a Syracuse development company in April of 2023. Improved with an older house in poor condition and a usable metal car repair shop of 4,000 SE. The Realtor indicated that the house was a tear down and the shop had a contributory value of $40.000. Indicated land sale price of $1.460,000. Transfer included two deeds. ... Comparable Land Sale #2 - 353 Gretna Road, Pleasant Valley Property Name Plankenhorn Farm Tax ID 6364-01-231783 Address 353 Gretna Road Town Pleasant Valley. Dutchess Property Rights Fee simple Arm's Length Yes Sale Price $1,675.000 Financing Date of Sale Cash 05/30/2024 6364-01-231783 1492 Grantor Blue Mud Farm, L.I.C Grantee Danielle Hollenberg & Louis Milazzo Liber/Page 2024/1712 Acreage 149.3 Floodplain 18% FEMA Flood zone DEC Wetlands 8% DEC Wetlands NWI Wetlands 17% NWI Wetlands Timber Not known, minor Prime Farm Soil 22% Prime Farmland Soils Statewide Soil 42% Statewide Important Soils Land Cover 60% Fields Topography 6% Steep Slopes Water Character 0.5 Acre Pond View Neighborhood Abuts Conserved Land None Zoning RA. Rural Agricultural (5 Acre) Road Frontage 7.925 feet Utilities Electric & Cable Along Road and to Property Coverage Flood Zones: 180% NW Wetlands: 169% DEC Wetlands: Total Wet: 75% 274% Steep Slopes 5.6% Subjec: Property 0.2%% Annual Flood *..)NW! Wetlands I DEC Wetlands 10h Contou: Slopes 15 - 25% Slopes 25% or more Improvements Private Well & Private Sewer Easements Improvements Verification Price/Acre Highest && Best Use Comments None Noted other than typical power line casements) Farmstcad - Residence. Dairy Barn Complex Oliver Brown, Listing Agent, Houlihan Lawrence $8.908 net of improvements Estate farm An historic working farm property with a large two story 1850s farmhouse (2.228 SF) & a vacant 8.655 St dairy barn complex. According to the Realtor, the house was "crummy." Contributory value ofthe house estimated at $100 /SE, the barns at SS/SE. for a total contributory value of $345,000, including $30,000 in site improvements. Indicated land sale price of $1,330,000. Prior sale of $1.500,000 on 11/8/2021. Brown was also the sales agent on this sale. He indicated that it i8l lal OComparable Land Sale #3 - Albany Post Road, Red Hook Property Name Tax ID Address Municipality County Property Rights Arm's Length Sale Price Financing Date of Sale Grantor Grantee Liber/Page Acreage Floodplain DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best Use Comments Cookingham Farm East 7 Tax Lots 7598-7617 N Broadway Town and Village of Red Hook Dutchess Fee simple Yes S1.575.000 Cash 12/11/2023 RTC Farm LL.C Town of Red Hook 2024 / 50166 108.81 None 0% DEC Wetlands 8% NWI Wetlands Not known, minor 65% Prime Farmland Soils 5% Statewide Important Soils 50% Fiekds 5% Steep Slopes 6 Acre Pond Neighborhood None R20,000 (V) & ABD (T) 7-acre min. 2.250 feet Property Coverage Flood Zones 0.0% NWI Wetlands 75% DEC Wetlands: 00% Total Wet 75% Steep Slopes 5.0% Subject Property DEC Wetlands 1% Annual Flood 10ft Contour 0.2%% Annual Flood Slopes 15 - 25% .2)NWI Wetlands Slopes 25% or more Electric & Cable Along Rd and to Improvements, Municipal Water in Proximity Right of way to 4.5-acre residential inholding on north end of pond Farmstead - 3 Residences, Office. Shop. and Barn Mike Knutson. Scenic Hudson (RTC Farm LL.C). Robert McKcon, Town Supervisor & appraisal report. S12,637 net of improvements Residential subdivision (no approvals) Purchase by the town to prevent development of housing on prime farmland soils. Scenic Hudson provided soft money, including an appraisal. Purchase price was $25,000 less than the town's appraisal. The town subdivided and retained 12. acres for development of affordable housing and sold 96.7 acres to a farmer subject to a conservation casement (sale 6). Town and village were discussing the potential extension of village sewer to the retained 12.1 acres at the time of sale. The improvements were valued at $200.000 in the town's appraisal, indicating a land sale price of'$1,375,000. LTE Comparable Land Sale #4 - Academy Hill Road, Red Hook Property Name Academy Hill Lot 1 Tax ID 6572-00-915375, 850356 & 882094 Address Academy Hill Road Town/County Red Hook. Dutchess Property Rights Fee Simple Arm's Length Yes Sale Price $1,600,000 Financing Cash or Cash Equivalent Date of Sale 08/16/2023 Grantor Jack Crumet & Sue Crumet Grantee Andrew Kaufinan Liber/Page 2023 / 52593 Acreage Floodplain DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best Use Comments 139.51 None 0% DEC Wetlands 2% NWI Wetlands Contributory value not known 13% Prime Farmland Soils 17% Statewide Important Soils 50% Fields & 50% Woods 32% Steep Slopes Stream Good of Countryside None Known ASA. Very Low Density Residential 5.945 feet Electric Along Road and to Barn Private Well & Septic Required Nono Noted Two older barns (4.500 SI combined) Harry Hill, Listing Agent, Houlihan Lawrence S11,325 net of improvements 850350 6572-00-915375 5572-00-882094 Property Coverage Fiood Zones: NW! Wetlands: 00% DEC Wetlands: 2.5% 00% Total Wet 2 5% Steep Slopes: 32.0% Subject Property / DEC Wetlands 14, Annual Flood 0.2% Annual Flood ... NWIWetlands 10ft Contour Slopes 15 - 25% Slopes 25% or more Agricultural land of'a historic farm located just off the Taconic Parkway. Pastoral landscape with two older barns along the Academy Road frontage. Listed with 3 different RE agencies for $1.695 M to $2.095 M between 11/2020 and 5/2024. All three listings expired, private sale. Contributory value of barns of $20,000. Indicated land sale price of'$1,580,000. Grantee previously purchased the associated farmhouse at 575 Academy Hill Road (30.34 acres) in November of 2020 for $1,250,000. Grantee purchased below asking price, no premium as an adjoining property owner was paid. AFTER THE EASEMENT Comparable Land Sale #5 - 6-12 Frog Hollow Road, Beekman Property Name 6-12 Frog Hollow Road Tax ID 6757-00-326775 Address 6-12 Frog Hollow Road Post Office Poughquag Town/County Beckman. Dutchess Property Rights Fee simple Arm's Length Yes Sale Price S1.170,000 Financing Cash Date of Sale 04/25/2023 Grantor Ferme Farm LLC Grantee The Farm NY LLC Liber/Page 2023 / 1343 Acreage Floodplain DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best lise Comments 8057-00-326075 194.98 1% FEMA Flood zone 1% DEC Wetlands 8% NWI Wetlands Not known, minor 29% Prime Farmland Soils 43% Statewide Important Soils 85% Fiekds 5% Steep Slopes None Of Countryside R-45. Residential (45.000 sq fi) 3,650 feet Property Coverage Flood Zones NWI Wetlands: 08% DEC Wetlands 82% 1.2% Total Wet: 8.7% Steep Slopes: 4.8% Subject Property 1% Annual Flood 0.2% Annual Flood DEC Wetlands NWi Wetlands 10h Contour Slopes 15 • 25% Slopes 25% or more Private Utilities None Noted Farmstead with 2-family residence (2,432 SF) in fair condition and 10.000 SF pole barn (1981) Paul Herrington, Farm Credit East, appraiser $4,821 Farm Rolling farmland with a high percentage of fields in active agricultural use. Grantor and Grantee are related entities, but the sale price was established by appraisal and agrecable to both partics. Restricted by a DLC conservation easement to a single 16.39-acre farmstead building envelope with development limited to one primary residence, accessory residential and farm related structures (including farm labor housing). Subdivision is not permitted. As of right 2% impervious cap. The contributory value of the improvements was estimated by the appraiser at $230,000. indicating a sale price of the land of $940,000. Comparable Vacant Land Sale #- 7610 North Broadway, Red Hook Property Name 7610 North Broadway Tax ID 6272-00-737990 & 795956, 6273-00- 674036 and 6272-07-635943 Address Municipality County Arm's Length Sale Price Financing Date of Sale Grantor Grantee Liber/Page Acreage Floodplains DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification 7610 North Broadway Town & Village of Red Hook Dutchess Yes $730.000 Cash or Cash Equivalent 12/14/2023 Town of Red Hook Hearty Roots Community Farm 2024 / 50083 96.723 None 0.0% DEC Wetlands 10.0% NWI Wetlands Price/Acre Highest & Best Use Comments 65% Prime Farmland Soils 5% Statewide Important Soils 60% Fickis 5% Steep Slopes Sawkill Similar Proposed casement land west of Rt. 9 R40 and Agricultural Business 3,240 feet Property Coverage flood Zones 00% NW: Wetlands 10.0%. DEC Wetlands 0.0% Total Wet 100% Steep Slopes 7.0% Subject Property 1% Annual Fiood 0.2% Annual Flood NW: Wetlands DEC Wetlands 1Oft Contour Slopes 15 - 25% Slopes 25%; or more Village Water: Sewer in Proximity None Noted Two SER & Office Building erin Hoagland, DL.C. Mike Knutson Scenic Hudson, Robert McKcon, Town Supervisor, Ke Migliorelli, low bidder. Paul Herrington. Farm Credit East and appraisal repor $6.203 Agriculture Resale of'a portion of the 108.81 acres purchased by the Town of Red Hook (sale #3). Sold by scaled bid. There were two bids, the second came in at $705,000. Restricted by a conservation casement held by the Dutchess Land Conservancy (DLC) that pormits a single farmstead building covelope (3.5 acres) and an Agricultural Operations Complex (3.5 acres) that allows only agricultural buiklings. 51.9-acre Farm Area, the remainder is Resource Protection and Stewardship Arca. The terms of the casement included a preemptive purchase right with a covenant to farm that was not in effect for the town, but would be in effect in any future sale of the property. Comparable Land Sale #7 - 152-158 Prospect Hill Road Property Name Tax ID Address Town/County Arm's Length Sale Price Financing Date of Sale Grantor Grantee Liber/Page Acreage Floodplains DEC Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best Use Comments Highfield Farm 6568-00-797023 152-158 Prospect Hill Road Stanford, Dutchess Dutchess $825.000 Cash 01/11/2024 Jonathan H. Kagan U-Park U-Pick, LLC 22024/724 6568100797023» 112.18 None 21% DEC Wetlands 17% NWI Wetlands Not known, minor contribution 3% Prime Farmland Soils 45% Statewide Important Soils 45% Fields and Clearings 17% Steep Slopes Streams and Ponds Of Countryside None known RRS (five-acre minimum lot) 1.802 feet Private Utilities Property Coverage Flood Zones NW! Wetlands 0.0% DEC Wetlands: 17.2% 21.0% Total Wet 24. 1% Steep Slopes: 17.2% Subject Property DEC Wetland's -i 1% Annual Flood 10h Contour 0.2% Annual Flood Siopes 15 - 25% i NW! Wetlands Stopes 25% or more None Noted except typical power lines Large barn complex with a show ring. stalls, room for hay and an office - 6,570 SE. Run-in sheds. 1993 modular residence in fair condition. Paula Redmond, Listing Agent. Corcoran Country Living. S6.775 net of improvements Farm Sold as a working farm with sheep and cattle. Split 6.9-acre farmstead building envelope with two choices for a residence. limited to 3,500 SF. Upon sefection, the second site terminates. Subject to a 48,000 SF property cap and maximum agricultural structure size of 5,000 SE. Can be subdivided for agricultural use with prior approval of the conservancy. Contributory value of the barns estimated at S8/SF, or $50.000 (R). S15,000 contributory value of modular. Total value of improvements is $65,000, indicating a land sale price of $760.000. Comparable Land Sale #8 - 5427 Route 82 Property Name 5427 Route 82 Tax ID 6666-00-180821 Address 5427 Route 82 Town Washington County Dutchess Arm's Length Yes Sale Price $705,000 Financing Date of Sale Cash 12/17/2021 Grantor Dutchess Land Conservancy, Inc. Grantee Christina Megill & Daniel Zelman Liber/Page 22021/54912 Acreage Floodplains DEC: Wetlands NWI Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning Road Frontage Utilities Easements Improvements Verification Price/Acre Highest & Best Use Comments 86666-00-180831 109.72 33% FEMA Flood zone 0% DEC Wetlands 11% NWI Wetlands Not known 14% Prime Farmland Soils 31% Statewide Important Soils 33% Fields 40% Steep Slopes Wappinger Creek Of Countryside None known RL.-5, Low Density Residential 1.365 feet Private Utilities Property Coverage Flood Zones: 32 94. NW! Wetlands: 11.3% DEC Wetlands: 0.0% Total Wet 33.8% Steep Slopes 39 8% Subject Property DEC Wetlands 1% Annual Flood lOft Contou: 0.2% Annual Flood NWI Wetlands Slopes 15 - 25% Stopes 25% or more None Noted 3.024 SF pole barn in avg. condition. several machine sheds in fair condition Rebecca Thornton, Executive Director, Dutchess Land Conservancy S6.289 net of improvements Estate farm Sale of an endowed property to the Dutchess Land Conservancy. Sold for continued farm use and forestry subject to a conservation casement. Easement allows two building envelopes to be selected by the grantee within a larger designated area. 48,000 SF property cap. Principal residence cap of 4.500 SF. Subdivision not permitted. Contributory value of barn/shed estimated at $15,000 indicating a sale price of the land of $690,000. Comparable Land Sale #X - 2039 Salt Point Turnpike, Clinton Property Name Tax ID Address Town County Sale Price Financing Date of Sale Grantor Grantee Liber/Page Acreage Floodplain DEC Wetlands NW! Wetlands Timber Prime Farm Soil Statewide Soil Land Cover Topography Water Character View Abuts Conserved Land Zoning 2039 Salt Point Turnpike 6466-00-861415 6466-04-901057 6566-00-036070 2039 Salt Point Turnpike Clinton and Pleasant Valley Dutchess $1,650.000 Cash 06/14/2023 Glenmore Farm, Inc. & Patrick F. Ol.cary 2039 Salt Point Turnpike LL.C 2023/1886 and 1887 Road Frontage Utilities Easements Improvements Verification Price/Acre Comments 160.88 None 9% DEC Wetlands 5% NWI Wetlands Not known. minor 5% Prime Farmland Soils 69% Statewide Important Soils 80% Fields 8% Steep Slopes Streams Of Countryside None known RA-5 and AR5, Very Low Density Agricultural 5.560 feet Private Utilities None noted other than typical power line casements Farmstead with two residences. Property Coverage Flood Zones: 00% NW: Wetlands. 55% DEC Wetlands. 9.1% Total Wet: 141% Steep Slopes: 76% $6.340 6466-00-86 6820005036070 Subject Property 1%, Annual Flood 0.2% Annual Flood .! NW: Wetlands DEC Wetlands 10ft Contour Slopes 15 - 25% Stopes 25% or more Photo Not Avallable Photo Not Available Business PROFESSIONAL QUALIFICATIONS ALLAN ROBERT DEKREY, MAI State Certified General Real Estate Appraiser No. 46-8839 Senior Vice-President McGrath & Company 845-896-5777 1028 Main Street P.O. Box 514 Fishkill, NY 12524 al mograthandco.com 6 Huntington Road, Rhinebeck, NY 12572 E-Mail Home Work History Real estate appraiser and analyst specializing in valuations, market and feasibility studies and related consulting activities in the Mid-Hudson, Catskill, Central Adirondack and castern New York regions. Background in community planning 2002 - 2024 Appraiser - McGrath & Company, Inc., Fishkill, New York 1992 - 2002 Appraiser - McGrath, Basciani & Associates, East Fishkill, New York 1987 - 1992 Appraiser - L.T. Bookhout, Inc., Rhinebeck, New York 1984 - 1987 Appraiser - Hines, Price & Hage, Fairbanks, Alaska 1981 - 1984 Assistant Planning Director - Fairbanks Development Authority, Fairbanks, Alaska 1981 Assistant Planning Director - Fairbanks North Star Borough, Fairbanks, Alaska 1977 - 1980 City Planner - Mercer County Energy Development Board and City of Hazen, Hazen, North Dakota Education MAI, Chicago, Illinois, 1993 Master's Degree - Graduate Program in Community and Regional Planning, North Dakota State University, Fargo, North Dakota, 1977 Bachelor of Science - Sociology with concentrations in economics and mathematics, University of North Dakota, Grand Forks, North Dakota, 1974 McGrath & Company, Inc. Specialty Appraisals of Natural resource and conservation lands Conservation easements Professional Memberships and Advisory Boards Appraisal Related Appraisal Institute American Institute of Real Estate Appraisers President, Mid-Hudson Chapter Lawrence D. Benton Award for Exceptional Chapter Service, Mid-Hudson Chapter Mid-Hudson Chapter Education Committee Chair Board of Directors, Mid-Hudson Chapter Regional Ethics and Counseling Panel Planning Related Rhinebeck Village Zoning Board of Appeals Rhinebeck Village Zoning Review Committee Rhinebeck Town Open Space & Affordable Housing Committee Rhinebeck Village Zoning Revision Committee Rhinebeck Village Zoning Revision Committee Rhinebeck Village Master Plan Committee Rhinebeck CAC/Greenway Committee Alaska Planning Association Northern Region President Governor's Recreation Advisory Committee, State of Alaska Fairbanks North Star Borough (FNSB) Transition Team FNSB Comprehensive Plan Technical Advisory Committee FNSB Industrial Site Selection Committee Hazen Recreation Committee 1991 - 2024 1985 - 1990 1997 1995 1995 - 1996 1995 - 1999 2005 - 2006 2013 - 2014 1993 - 1995 1995 - 2019 2014 - 2017 2006 - 2008 2004 - 2006 1998 - 2001 1988 - 1991 2001 - 2002 1982 - 1986 1984 - 1985 1983 - 1986 1985 1983 1981 1978 - 1980 McGrath & Company, Inc. LIST OF COMPANY CLIENTS ENVIRONMENTALAGENCIES AND LAND TRUSTS Agricultural Stewardship Association American Farmland Trust Audubon Society Beaverkill Conservancy Black Rock Forest Consortium Butternut Association Champlain Area Trails Columbia Land Conservancy Croton Land Conservancy Delaware Highlands Conservancy Dutchess Land Conservancy Friends of the Great Swamp Hershey Trust Hudson Highlands Land Trust Hudson Preserve Manitoga Mohonk Preserve NYC Dept. of Environmental Protection NY-NJ Trail Conference NYS Dept. of Environmental Conservation NYS Office of Parks Recreation & Historic Preservation Open Space Institute Orange County Land Trust Putnam County Land Trust Saratoga Plan Scenic Hudson Land Trust Storm King Art Center The Conservation Fund The Nature Conservancy Trust for Public Land Wallkill Valley Land Trust Watershed Agricultural Council Westchester Land Trust Winnakee Land Trust Woodstock Land Conservancy McGrath & Company, Inc. FINANCIAL INSTITUTIONS Allied Irish Bank Astoria Federal Savings Loan Assoc. Bank Leumi Bank of America Bank of New York Bankers Trust Co. Barclays Bank of New York Bayview Financial Broadway National Bank Chase Manhattan Bank Chemical Bank Citibank, N.A. CIT Small Business Lending Corp. Dime Savings Bank Empire State Bank European American Bank FDIC Fiduciary Trust International Pirst Pioneer Farm Credit First Boston Capital Group First National Bank of New England First Vermont Fleet Bank Fleet Boston Financial Fleet Capital Flushing Savings Bank Fourth Federal Savings Bank GE Mortgage Group GMAC Greater New York Savings Bank Greenpoint Savings Bank Greystone Financial HSBC Home & City Savings Bank Hudson United Bank Hudson Valley National Bank Independence Bank Intervest National Bank JP Morgan Chase Key Bank of New York Legg Mason Lloyds International Mahopac National Bank Mellon Bank Metro Bank Mid Hudson Valley Savings Bank Morgan Guaranty Trust Co. Morgan Stanley M&T Bank National Westminster Bank Park Avenue Bank PNC Bank PMC Commercial Trust Peoples United Bank Provident Savings Bank Putnam County Savings Bank Reliance Bank Reilly Mortgage Group Resource Funding Corp. Riverside Bank Rhinebeck Savings Bank Silo Financial Sleepy Hollow Bank South Trust Bank, NA Staten Island Savings Bank TEG Federal Credit Union Ulster Savings Bank Union Savings Bank Union State Bank United North Federal Savings & Loan USA Bank Valley View Bank Wachovia Bank Walden Federal Bank Warwick Savings Bank Washington Mutual Bank Wells Fargo Bank West Point Credit Union Westminster Mortgage Whitehall Capital Yonkers Savings & Loan McGrath & Company, Inc. COMMERCIAL & INDUSTRIAL Adams Fair Acre Farms All State Insurance American Cancer Society American Tack & Hardware Appraisers & Planners, Inc. Aries Development, LLC Baright Enterprises Bell Atlantic Big V Corp. (Shoprite) Carl Zeiss, Inc. Charisma Holding Corp. Chrysler Corporation Consolidated Edison Company of NY Inc Contrail, Inc. CS Real Property Davis Advisors Durst Organization Dyson Foundation Emerald Fund Entergy Services, Inc. Enap, Inc. Exxon Corporation GDC Gasho of Japan General Electric Company General Foods Corp. Guardian Self Storage Gulf Western Industries, Inc. Helmes Group Herb Redl Properties HO Penn Hipotronics, Inc. Hoe Ventures Howard Johnson Company Hudson Heritage, LLC Hyatt Hotels International Tractor KPMG Peat Marwick, LLP Laerdal Medical Lumelite Corp. Lyme Timber Company McDonalds Corporation Melville Corporation Metropolitan Transportation Authority Mobil Oil Corporation NYS Electric & Gas NYNE Properties Orange & Rockland Utilities Henry Page Development, Ltd. Penn Mutual Pepsico Phelps Dodge Industries Pizza Hut Precision Valve Corporation Prudential Serls Realty Readers Digest Reichold Chemical Royal Insurance Saratoga Wealth Advisors Shell Oil Star Industries Suburban Propane Suburban Energy Services Tallix Inc. Tennessee Gas Travelers Insurance Ukranian National Association Union Carbide Corporation United Water Corp. Verizon W. W. Grainger WSH Realty Group Woodstock Resort Corp. McGrath & Company, Inc. CONSULTING SERVICE TO DEVELOPERS Alfred Weissman Real Estate Inc. Baker Properties Banta Management Bayswater Development Cappelli Enterprises Carlyle Associates Cedar Hill Development Corp. Chazen Companies Corbetta Construction Corp. Continental Wingate Nursing Home East Fishkill Developers Fuller Development Co. Development Corp. Grubb & Ellis Hudson Valley Hospital Heritage Development Co. William A. Kelly Company, Inc. Kirchoff-Consigli Construction, Mgt., Inc. LaSala Investment Company Lennar Home Builders Loewen Development Corp. McNamee Construction Midland Construction Company NYNE Properties Page Development Corp. Pawling Properties Peckham Industries Pizzagalli Development Corp. Richman Group Simone Development Company Sparrow Construction Thylan Associates Toll Brothers Unicorn Developers Westchester Modular Homes Wilder-Balter Partners Yonkers Contracting Corp. INSTITUTIONAL Archdiocese of New York Arlington Central School District Bard College Beacon City School District Benedictine Hospital Beth Abraham Health Services Brewster Central School District Bruderhof Communities in NY, Inc. Cardinal Hayes Home for Children Community of the Holy Spirit Dover Central School District Fordham University Ginsburg Green Chimneys, Inc. Jewish Community Center of Poughkeepsie Kingston Hospital Knights of Columbus Laerdal Medical Lincoln Hall Manhattanville College Marist College Marymount College Mid Hudson Library Mid Hudson Medical ORP Missionary Oblates of Mary Immaculate Mount St. Mary College New York Catholic Diocese Northern Dutchess Hospital Pace University Putnam County Hospital Saint Lukes Cornwall Hospital Saint Frances Hospital Salvation Army Sloan-Kettering Vassar Brothers Hospital Vassar College Wappingers Central School District McGrath & Company, Inc. = LEGAL Anderson, Banks, Moore & Curran Aronauer, Goldfarb, Sills & Re, LLP Banks, Curran & Schwam, LLP Banks, Shapiro & Gettinger, LLO Bleakicy, Platt and Schmidt, P.C Neal Brown, Esq.. Robert Butts, Esq. Corbally, Gartland & Rappleyea Cuddy, Feder & Worby Daniels & Porco, LLP Danziger, Markoff Deckert, Price & Rhoads Edward Doyle, Esq. Dickover, Donnelly, Donovan & Biagi Goherty, Geba & Rodd, PLLC Fair, Fitzgerald & Hershaft, PC Fullbright & Jaworski Epstein, Epstein & Epstein Farrauto, Berman & Fontana Finger & Finger, P.C. Fink, Weinberger, Fredman, Berman & Lowell Gellert & uartarano, P.C. Gellert & Rodner, PC Gerstman, Kelson & Coffill Goodhue Banks & Arons Griffin, Coogan, Blose & Sulzer, P.C. Hanig, Hankin, Stall & Caplicki Hogan & Rossi Hinman & Carmichael, LLP Hull & Wilkes Herman, Katz, Cangemi & Clyne, LLP Keane & Beane Bernard Kessler Levine & Levine Loeb & Loeb Berle, Kass and Case McCabe & Mack Meiselman, Farber, Stella & Eberz Millbank, Tweed, Hadley & McCloy Alan Moeller, Esq. Morganthau & Green, LLP Robert Morgenthau Nourse & Bowles, LLP Pagones & Cross Paul, Weiss, Rifkin & Wharton Joel Russell, Esq. Joseph St. Onge, Esq. Shamberg, Marwell Cherneff & Hockerman, P.C. Satz. & Kirshon Richard M. Sussman, P.C. Teahan & Constantino Thatcher, Proffitt & Wood Van DeWater & Van DeWater Vergilis, Stenger, Roberts & Pergament Wallace & Wallace, LLP Wallace, Wall, Longdore & Jacobs Warburg, Dillon & Read John E. Watkins, Esq. Wiggin & Dana Wilder Balter Robert Wolper, Esq. Wormser, Kiely. Galef & Jacobs, LLP McGrath & Company, Inc. MUNICIPAL AGENCIES City of Beacon City of Mount Vernon City of Newburgh City of New York City of Peekskill City of Poughkeepsie City of Rye City of White Plains County of Dutchess County of Putnam County of Rockland County of Westchester Town of Bedford Town of Blooming Grove Town of Clinton Town of Cortlandt Town of Eastchester Town of East Fishkill Town of Esopus Town of Fishkill Town of Goshen Town of Greenburgh Town of Harrison Town of Hyde Park Town of Kent Town of Lloyd Town of Monroe Town of Mount Kisco Town of Mount Pleasant Town of New Castle Town of North Castle Town of North Salem Town of Orangetown Town of Ossining Town of Patterson Town of Pawling Town of Philipstown Town of Poughkeepsie Town of Ramapo Town of Rhinebeck Town of Rosendale Town of Rye Town of Southeast Town of Somers Town of Ulster Town of Wallkill Town of Wappinger Village of Ardsley Village of Brewster Village of Briarcliff Village of Bronxville Village of Irvington Village of Mount Kisco Village of Nyack Village of Pleasantville Village of Port Chester Village of Tarrytown Village of Wappingers Falls White Plains Urban Renewal United States Postal Service NYS Housing Finance McGrath & Company, Inc. Environment Committee Roll Call District District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 13 - East Fishkill and Wappinger District 18 - City of Beacon and Fishkill District 24 - Dover and Pawling 10 Resolution: Motion: Present: Absent: Vacant: Name Truitt* Houston* Polasek* Valdés Smith* Atkins* Gorman Lawler D'Aquanni (C) Kaul Paoloni (VC) Page House Total : Abstentions: Yes No Abreut absent 10 Yes No 2025154 AUTHORIZING EXECUTION OF GRANT AGREEMENT TO PARTIALLY FUND THE PURCHASE OF A CONSERVATION EASEMENT ON PROPERTY KNOWN AS THE DOMIN FARM IN THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK AND REALLOCATING FUNDS THEREFORE OCTOBER 9, 2025 Roll Call Sheets District Present: Absent: Vacant: Last Name District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli • Johnson Kearney Metzger Paoloni : Versaci Faust McHoul Page Drago Munn Caswell Garito 19 District 23 - Pawling, Beekman and East Fishkill Rolison Resolution: 1 cola- organ paring hous Total : Motion: YES/ NO About, Abdent absent Absent Absent 19 Yes No Abstentions: 2025154 AUTHORIZING EXECUTION OF GRANT AGREEMENT TO PARTIALLY FUND THE PURCHASE OF A CONSERVATION EASEMENT ON PROPERTY KNOWN AS THE DOMIN FARM IN THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK AND REALLOCATING FUNDS THEREFORE OCTOBER 14, 2025